Morgan Hill USD | AR 4218.1 Personnel
Dismissal/Suspension/Disciplinary Action (Merit System)
Causes for Disciplinary Action
A permanent classified employee may be subject to suspension without pay for up to 30 days, demotion, involuntary reassignment, or dismissal for one or more of the causes designated by the personnel commission. (Education Code 45302, 45304)
Initiation and Notification of Charges
The Superintendent or designee shall file any recommendation for a disciplinary action in writing with the Governing Board. A copy of the recommendation shall be served upon the employee either personally or by registered or certified mail, return receipt requested, at the employee's last known address.
The notice shall, in ordinary and concise language, inform the employee of the specific charge(s) or cause(s) for the disciplinary action, the specific acts and omissions upon which the action is based, and, if applicable, the district rule or regulation that the employee has allegedly violated. (Education Code 45116)
In addition, the notice shall advise the employee of the right to appeal and the timeline and procedure for doing so.
Request for Hearing
Within the time period specified in the notice of the recommendation of disciplinary action, which shall be no more than five working days, a permanent classified employee may submit to the Superintendent or designee a request for a hearing on the charges.
In cases where an order of suspension without pay has been issued in conjunction with a recommendation of dismissal, any request for a hearing on the dismissal shall also constitute a request to hear the suspension order, and the necessity of the suspension order shall be an issue in the hearing.
Employment Status Pending a Hearing
A classified employee against whom a recommendation of disciplinary action has been issued shall remain on active duty status pending any Board hearing on the charges, unless the Superintendent or designee determines that the employee's continuance in active duty would present an unreasonable risk of harm to students, staff, or property. The Superintendent or designee may, in writing, order the employee immediately suspended from duty without pay and shall state the reasons that the suspension is deemed necessary. The suspension order shall be served upon the employee either personally or by registered or certified mail, return receipt requested, immediately after issuance.
Compulsory Leave of Absence
Upon being informed by law enforcement that a classified employee has been charged with a "mandatory leave of absence offense," the Superintendent or designee shall immediately place the employee on a leave of absence. A mandatory leave of absence offense includes: (Education Code 44940, 45304)
1. Any sex offense as defined in Education Code 44010
2. Violation or attempted violation of Penal Code 187 (murder or attempted murder)
The Superintendent or designee may place on an immediate compulsory leave of absence a classified employee who is charged with an "optional leave of absence offense," defined as a controlled substance offense specified in Education Code 44011 and Health and Safety Code 11357-11361, 11363, 11364, and 11370.1 except as it relates to marijuana, mescaline, peyote, or tetrahydrocannabinols. (Education Code 44940)
An employee's compulsory leave for a mandatory or optional leave of absence offense may extend for not more than 10 days after the entry of judgment in the criminal proceedings. However, the compulsory leave may be extended if the Board gives notice, within 10 days after the entry of judgment in the proceedings, that the employee will be dismissed within 30 days from the date of service of the notice unless the employee demands a hearing on the dismissal. (Education Code 44940, 44940.5)
During the period of compulsory leave, the employee shall be compensated in accordance with Education Code 44940.5.
Appeal to the Personnel Commission
Any permanent classified employee who has been suspended, demoted, or dismissed may appeal to the personnel commission within 14 days after receipt of a copy of the written charges by filing a written answer to the charges. (Education Code 45305)
Upon request of the employee, the personnel commission or a hearing officer designated by the personnel commission shall conduct a hearing. The employee shall be entitled to appear in person at the hearing and may be represented by legal counsel. (Education Code 45306)
Regulation MORGAN HILL UNIFIED SCHOOL DISTRICT
approved: September 6, 2019 Morgan Hill, California