Discipline is defined to include, but is not limited to, dismissal, suspension and demotion.
The Governing Board may discipline employees when their work performance or behavior is unsatisfactory and prior verbal and written warnings have failed to remedy unsatisfactory performance or behavior.
Among the causes which will be deemed sufficient for dismissal, suspension, demotion or other disciplinary action are the following:
1. Unauthorized absence or habitual tardiness
2. Excessive absence
3. Commitment or conviction of any criminal act, including use of narcotics
4. Incompetency or inefficiency in the performance of work
5. Insubordination
6. Conduct unbecoming an employee in public service
7. Disorderly or immoral conduct
8. Intoxication or use of intoxicants and/or any controlled substance while on the job
9. Claimed incapacity to perform assigned duties due to mental or physical disability without sufficient medical verification
10. Neglect of duty
11. Neglect or willful damage to District property or waste of District supplies or equipment; use of District property for private purposes
12. Insolence or disrespect toward supervisory authority
13. Falsified information supplied to District including information supplied on employment application forms or any other records
14. Violation of, or refusal to obey any policy, rule or regulation of the District
15. Failure to maintain satisfactory and harmonious working relationships with the public and/or other employees
16. Unauthorized release of confidential information from official District records
17. Failure to maintain any license, certificate or like document required by the job description
18. Such other causes as determined by the Board
An employee may be suspended without loss of pay and without warning, or terminated, where the health or welfare of other employees, visitors or students may be endangered by the presence of the employee in the District.
When the District seeks the imposition of any disciplinary action, notice of such discipline shall be made in writing and served in person or by registered or certified mail upon the employee. The Notice of Discipline shall indicate:
1. The specific charge(s) against the employee, which shall include times, dates and locations of chargeable actions or omissions
2. The penalty that is proposed
Included with a Notice of Disciplinary Action will be a Notice of Appeal which may be used if the charges are denied by the employee. This Notice of Appeal request must be returned to the District Office by registered mail or in person within six days of receipt by the employee. The Notice of Appeal shall constitute and designate a demand for an open or closed hearing before the Board. Any failure to appeal, as provided, shall make the action of the Board final. The Board's determination of sufficiency of the cause shall be conclusive.
Hearings shall be conducted in the manner most conducive to the determination of the truth. Each side will be permitted an opening statement and closing argument. The administration shall present its witnesses and evidence to sustain its charges and the employee will then present his/her witnesses and evidence in defense. Both parties will be allowed to be represented by counsel or other designated representatives. The determination of whether or not the hearing will be open or closed will be at the discretion of the employee upon submission of the Notice of Appeal.
At the conclusion of the hearing, the administrative staff, its legal counsel, the employee and his/her legal representative(s) shall be barred from the Board's final deliberation.
The Board shall render its judgment as soon after the conclusion of the hearing as possible and in no event later than 14 days thereafter. The decision of the Board will be final.
The employee may obtain a copy of the transcript of the hearing upon written request and agreement to pay necessary publication costs.
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 Schoolbus drivers; dismissal for safety-related cause
UNITED STATES CODE, TITLE 42
12101 et seq. 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) ("Conduct unbecoming an employee" too vague)
Policy FRANKLIN-MCKINLEY SCHOOL DISTRICT
adopted: December 10, 1996 San Jose, California