Alhambra USD | 4000 | AR 4318 Personnel
Disciplinary Action Of Classified Management, Supervisory, And Confidential Personnel
Dismissal Procedure
Notice of Disciplinary Action
The district shall give notice to any permanent employee subject to disciplinary action prior to taking the action. The Notice of Disciplinary Action must be in writing and must contain the specific charge(s) against the employee, including: a description of the conduct giving rise to the charges and the specific cause(s) for discipline; notice of the right to a Skelly meeting; and a statement informing the employee that failure to request a Skelly meeting within the specified time period will result in his or her waiver of the right to such a meeting. The Notice of Disciplinary Action and statement of charges will be unsigned.
Skelly Meeting
The employee may request the Skelly meeting within five days after the date of service of the Notice of Disciplinary Action on the employee. The meeting shall be the employee's opportunity to exonerate his/her name of the charges through either orally and/or written documentation. Failure to request a Skelly meeting within the specified time period will result in his or her waiver of the right to such a meeting.
Notice of Decision
Within five days from the Skelly meeting (or waiver thereof), the Superintendent or his or her designee shall determine whether the proposed discipline shall be imposed, modified or dismissed and provide written notification of such decision to the employee. The Superintendent or designee may proceed with the disciplinary action by filing written notification of charges and recommendation of disciplinary action with the Governing Board. A signed copy of this Notice of Disciplinary Action shall also be served upon the employee.
Demand for Hearing
The signed Notice of Disciplinary Action must be accompanied by a Demand for Hearing form which the employee may sign, date, and file with the district. The timely filing of a properly signed and dated Demand for Hearing with the district within five days shall constitute a denial of all charges and a demand for hearing required by Education Code 45113. The employee's failure to file the Demand for Hearing within the time specified shall constitute a waiver of the employee's right to such a hearing, and a waiver of the employee's right to such a hearing before the Board or designee, and shall constitute acceptance by the employee of the disciplinary action specified in the Notice of Disciplinary Action.
Status Pending Disciplinary Hearing
Upon service of the executed Notice of Disciplinary Hearing, the Superintendent or designee may, in his or her discretion, place the employee on suspension without pay, pending the disciplinary hearing.
Disciplinary Hearing
The hearing must 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 employee must be notified of the time and place of the hearing. The employee shall be entitled to appear personally, produce evidence, and have counsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal. The district may also be represented by counsel. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts.
All appeals must be heard by a hearing officer, except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. If the hearing is heard by the Board, the Board must affirm, modify or revoke the recommended disciplinary action.
If the appeal is heard by a hearing officer, he or she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the hearing officer's proposed decision must be received by the Board and furnished to each party within 10 business days of the appeal. The Board may affirm, modify, or revoke the hearing officer's proposed decision.
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 may 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 upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision must be received by the Board and furnished to each party within 10 business days of the appeal.
Hearing Decision
The decision of the Board must be in writing and shall contain findings of fact and the disciplinary action approved, if any. The decision of the Board shall be provided to the Superintendent or designee who recommended the disciplinary action, and he/she shall enforce and follow the Board's decision. A copy of the decision shall be delivered to the employee or his/her designated representative personally or by registered mail. The decision of the Board is final.
Discipline of Probationary Classified Manager, Supervisory, or Confidential Employee
Probationary employees are those employees who have been continuously employed by the district less than six months. The district shall have the right to impose disciplinary action, up to and including release from their position, on a probationary classified manager, supervisory, or confidential employee for any reason whatsoever. The district's action is deemed final.
Regulation ALHAMBRA UNIFIED SCHOOL DISTRICT
approved: August 18, 2009 Alhambra, California