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Campbell Union ESD |  BP  4218  Personnel

Dismissal/Suspension/Disciplinary Action   

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Definition of Probationary Period and Permanent Status

All employees in regular positions not requiring certification qualifications shall be classified employees. The following employees are excluded from the classified service: substitute and short-term employees, part-time playground positions, apprentices and professional experts employed on a temporary basis for a specific project and full-time students employed part time, and part-time student employed part time in any work study or work experience education program which is conducted by the district and financed by state or federal funds.

The probationary period of all members of the classified service shall be as defined in the appropriate collective bargaining agreement, which shall be deemed to include days of absence for illness or injury to which the employee is entitled without loss of pay pursuant to the requirements and authority of Education Code 45191.

During the probationary period, any employee in the classified service shall be subject to disciplinary action, including termination. The employee shall not have a right to a hearing regarding any disciplinary action taken during the probationary period.

Upon satisfactory completion of the probationary period, any member of the classified service is designated as a permanent employee who shall be subject to disciplinary action only for cause as prescribed in these rules and regulations.

Cause for Discipline

A permanent classified employee shall be subject to disciplinary action for cause, including suspension, demotion and dismissal. Cause for discipline shall include, but is not limited to the following:

1. Incompetency or inefficiency

2. Absence and/or repeated tardiness without authorization or sufficient reason

3. Abuse or misuse of sick leave or any other authorized leave

4. Being under the influence of alcohol or controlled substances without authorization while on duty or using or possessing alcohol or controlled substances without authorization while on duty. "Controlled substance" means any narcotic drug, amphetamine, barbiturate, marijuana or any other controlled substance defined in state or federal law.

5. Insubordination or insolence or disrespect toward superiors or other employees

6. Dishonesty

7. Unlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, disability, marital status, sex or age against members of the public or other employees while acting in the capacity of a district employee

8. Unlawful retaliation against any other district officer or employee 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 United states occurring on the job or directly related thereto.

9. Conviction of a felony, any crime involving moral turpitude or any crime bringing discredit upon the district

10. Immoral conduct

11. Evident unfitness for service

12. Physical or mental condition unfitting him/her for service

13. Violation of or refusal to obey the laws of the state or rules, regulations and policies of the district

14. Discourteous treatment of members of the public, students or other employees while on duty

15. Conduct in violation of Section 1028 of the Governing Code, which provides:

"It shall be sufficient cause for the dismissal of any public employee when such public employee advocates or is knowingly a member of the Communist Party or of an organization which during the time of his/her membership he/she knows advocates overthrow of the Government of the United States or any state by force or violence."

16. Any conduct inimical to the welfare of the schools or the students

17. Failure to perform adequately requirements of the position held

18. Failure to work with others, to the detriment of the district

19. For employees who drive a vehicle in the regular course of their employment:

a. Loss of his/her driver's license

b. Any restriction or limitations on the employee's driver's license or ability to drive ordered by the Department of Motor Vehicles or any other lawful authority

c. Failure to maintain a good personal or business driving record

d. Failure to satisfy the insurability requirements of the district's insurance carrier under the district's regular insurance policies. The district's ability to obtain insurance for the employee under a high risk or any policy other than the regular insurance policies does not mitigate this failure.

20. Neglect of duty

21. Material and intentional misrepresentation or concealment of any fact in connection with obtaining employment

22. Falsifying any information submitted to the district

23. Willful damage to public property, waste of public supplies or equipment, or excessive carelessness with district property or funds

24. Misappropriation of district funds or property

25. Failure to possess or keep in effect any license, certificate or other similar requirement specified in the law or the employee's class specification or otherwise necessary for the employee to perform the duties of the position.

Legal Reference:

EDUCATION CODE

35161 Delegation of powers and duties

44009 Conviction of specified crimes

44010 Sex offense

44011 "Controlled substance offense" defined

44940 Leave of absence; employee charged with mandatory or optional leave of absence offense

44940.5 Compulsory leave of absence; procedures; extension; compensation; bond or security; reports

45101 Definitions (including "disciplinary action," "cause")

45109 Fixing of duties

45113 Rules and regulations for classified service in districts not incorporating the merit system

45123 Employment after conviction of sex or narcotics offense

45302 Demotion and removal from permanent classified service

45303 Additional cause for suspension or dismissal of employees in classified service

45304 Suspension for reasonable cause; filing of charges; employee charged with mandatory or optional leave of absence offense

VEHICLE CODE

1808.8 School bus drivers; dismissal for safety-related cause

UNITED STATES CODE, TITLE 42

12101 -12213 Americans With Disabilities Act

COURT DECISIONS

California School Employees v. Livingston Union School District, (2007) 149 Cal.App 4th 391

CSEA v. Foothill Community College District, 52 Cal. App. 3rd 150, 155-156, 124 Cal. Rptr 830 (1975)

Policy CAMPBELL UNION SCHOOL DISTRICT

adopted: November 19, 1998 Campbell, California

readopted: November 6, 2008