DISCIPLINE & TERMINATIONS

OVERVIEW

Progressive discipline is a method of discipline that uses graduated steps for dealing with problems related to an employee's conduct or performance that do not meet clearly defined standards and policies. The ultimate objective of progressive discipline is to help employees correct conduct problems and resolve performance issues in the earliest stages. Using a progressive discipline system:

• Provides a consistent, objective and fair process for disciplining.

• Promotes open communication between a supervisor and his or her employee.

• Improves employee productivity.

• Potentially increases employee retention by resolving issues.

• Provides important documentation should a termination become necessary.

PROCEDURE & BEST PRACTICES

Step 1: Counseling

For a first offense where the infraction is minor, an oral discussion characterized as "counseling" is usually appropriate. The employee's supervisor should inform the employee of the infraction and clearly advise the employee both of the conduct expected and that future infractions may result in more severe discipline. Counseling sessions are different from verbal warnings as counseling sessions are used as a pre-emptive measure before problem becomes more serious.

Step 2: Verbal Warning

A verbal warning may be appropriate for a more serious offense where counseling is inadequate. A verbal warning may be a step following counseling. When issuing a verbal warning, the employer should clearly advise the employee as to what is needed to remedy the infraction and advise that more severe disciplinary consequences will follow should the infraction be repeated.

The supervisor should maintain a written record of a counseling or verbal warning in order to provide evidence of progressive discipline in the event that the problem continues.  A follow-up memorandum to the employee recapping the conversation would be appropriate.

Step 3: Written Warning – Memo of Concern

The next step in a progressive discipline system is the written warning. A written warning usually follows an unsuccessful verbal warning, or speaks to new problems that have arisen. This documentation should clearly state the infraction and the consequences for a repeat offense.  The warning should include any supports that were provided to the employee along with the specific Henrico County Public Schools Policy, Performance Standard/indicator, or departmental process. The written warning should be addressed to the employee with and a copy placed in the employee's personnel file.

Step 4: Second Written Warning – Letter of Reprimand.

Should the infraction continue, a second written warning is warranted as part of its progressive discipline program.  

Step 5: Possible Next Courses of Action – Consult with Human Resources first.

Depending on the nature or repetition of the offense, one or more of the following actions may be appropriate:

• Structured Growth Plan or Intensive Growth Plan

• Suspension (with or without pay)

• Demotion

• Termination. 

To ensure consistency and compliance with employment law, actions listed in Step 5 should only be implemented after discussion and consultation with Human Resources. 

• Depending on the nature and severity of an offense, a supervisor may skip steps in the progressive discipline process. 

POLICY & LEGAL REFERENCES

P4-01-001 - Equal Employment Opportunity/Sexual Harassment/Disabilities

P4-10-001-R - REGULATION - Procedure for Adjusting Grievances for Licensed Personnel 

P4-10-002-R - REGULATION - Procedure for Adjusting Grievances for Non-Instructional Personnel and Support Staff 

P4-03-001 - Annual Evaluation 

P4-05-016 - Employee Conduct

HELPFUL LINKS

FRISK Model

HR CONTACT

HR Specialist

OVERVIEW

Employees may be suspended for good and just cause when:

1. the welfare of the school division or students is threatened; or

2. the employee has been charged with:

   • felony;

   • misdemeanor involving

     1. sexual assault, 

     2. obscenity and related offenses

     3. drugs

     4. moral turpitude, or

     5. the physical or sexual abuse or neglect of a child; or

   • an equivalent offense in another state

PROCEDURE & BEST PRACTICES

All suspensions are handled by the Department of Human Resources. 

If you receive notification that an employee has been charged, contact the assigned HR Specialist immediately.   Provide the following information: 

• Employee's Full Name

• Job Title

• Any information about the charge that you can obtain - date and/or location of arrest, specific charge, etc.

POLICY & LEGAL REFERENCES

P4-04-002 - Suspension of Staff Members

Code of Virginia - 22.1-315 - Grounds and procedure for suspension.

HR CONTACT

HR Specialist  or Leslie Traylor, Compliance Officer

DOCUMENT LINKS