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Denair USD |  BP  4118  Personnel

Dismissal/Suspension/Disciplinary Action   

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The Governing Board expects all employees to perform their jobs satisfactorily, exhibit professional and appropriate conduct, and serve as positive role models both at school and in the community. A certificated employee may be disciplined for conduct or performance in accordance with law, the applicable collective bargaining agreement, Board policy, and administrative regulation.

(cf. 4000 - Concepts and Roles)

(cf. 4112.5/4212.5/4312.5 - Criminal Record Check)

(cf. 4119.21/4219.21/4319.21 - Professional Standards)

(cf. 4141/4241 - Collective Bargaining Agreement)

Disciplinary action shall be based on the particular facts and circumstances involved and the severity of the conduct or performance. Disciplinary actions may include, but are not limited to, verbal warnings, written warnings, reassignment, suspension, freezing or reduction of wages, compulsory leave, or dismissal.

(cf. 4114 - Transfers)

The Superintendent or designee shall ensure that disciplinary actions are taken in a consistent, nondiscriminatory manner and are appropriately documented.

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 4030 - Nondiscrimination in Employment)

(cf. 4031 - Complaints Concerning Discrimination in Employment)

(cf. 4112.6/4212.6/4312.6 - Personnel Files)

(cf. 4119.1/4219.4319.1 - Civil and Legal Rights)

(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)

Legal Reference:

EDUCATION CODE

44008 Effect of termination of probation

44009 Conviction of specified crimes

44010 Sex offense; definitions

44011 Controlled substance offense; definitions

44242.5 Reports and review of alleged misconduct

44425 Conviction of a sex or narcotic offense

44660-44665 Evaluation and assessment of performance of certificated employees

44830.1 Criminal record summary certificated employees

44929.21 Notice of reelection decision; districts with 250 ADA or more

44929.23 Reelection and dismissal of probationary employees; districts with ADA less than 250

44930-44988 Resignations, dismissal, and leave of absence

45055 Drawing of warrants for teachers

48907 Exercise of free speech, expression

48950 Speech and other communication

51530 Advocacy or teaching of communism

GOVERNMENT CODE

1028 Advocacy of communism

3543.2 Scope of representation

11505-11506 Hearing

HEALTH AND SAFETY CODE

11054 Schedule I; substances included

11055 Schedule II, substances included

11056 Schedule III, substances included

11357-11361 Marijuana

11363 Peyote

11364 Opium

11370.1 Possession of controlled substances with a firearm

PENAL CODE

187 Murder

291 School employees arrest for sex offense

667.5 Prior prison terms, enhancement of prison terms

1192.7 Plea bargaining limitation

11165.2-11165.6 Child abuse or neglect; definitions

CODE OF REGULATIONS, TITLE 5

80303 Reports of change in employment status

80304 Notice of sexual misconduct

COURT DECISIONS

Vergara v. California (Los Angeles Super.Ct.) BC484642

Crowl v. Commission on Professional Competence, (1990) 225 Cal. App. 3d 334

Morrison v. State Board of Education (1969) 1 Cal.3d 214

Management Resources:

COMMISSION ON TEACHER CREDENTIALING PUBLICATIONS

California's Laws and Rules Pertaining to the Discipline of Professional Certificated Personnel, 2007

WEB SITES

CSBA: http://www.csba.org

Commission on Teacher Credentialing: http://www.ctc.ca.gov

Policy DENAIR UNIFIED SCHOOL DISTRICT

adopted: June 11, 2015 Denair, California