17.1 Definition
Discipline, as used in this Article includes, but is not limited to dismissal, demotion, suspension, or class without the permanent unit member’s voluntary consent. A layoff or reduction of hours, based on lack of work or lack of funds, shall not be considered discipline. This Article shall not limit the District’s right to evaluate or to reprimand orally or in writing or to counsel unit members, nor shall anything in the District’s evaluation procedures limit the District’s right to discipline unit members pursuant to this Article. CSEA reserves the right to negotiate any reductions in hours as a mandatory subject of bargaining.
17.1.1 Permanent/Probationary
Unit members with permanent status shall be subject to discipline only for cause pursuant to this Article. The probationary period is an extension of the selection process. As such, a probationary employee may be terminated, at any time, at the sole discretion of the District.
17.1.2 Progressive Discipline
a. The District supports the concept of “progressive discipline.” While the underlying premise is a progressive application of corrective measures, not all steps are appropriate in every circumstance.
b. The steps in “progressive discipline” include:
• Oral Warning/Conference
• Written Warning
• Letter of Reprimand
• Suspension Without Pay/Reduction in Pay
• Dismissal
c. IMPORTANT NOTE: The steps to be applied in the “progressive discipline” process are reserved to the District’s discretion based on a consideration of factors such as: the unit member’s total work record, the seriousness of the offense, whether it is repeat conduct, the impact on students and the educational program, etc. In some instances involving gross misconduct, the initial (and only) step will be dismissal.
17.2 Causes for Discipline of a Permanent Unit Member
The District may discipline permanent unit members pursuant to the following provisions:
17.2.1 The discipline shall be based upon just cause, including but not limited to:
a. Falsifying any information supplied to the District. This includes, but is not limited to, information supplied on application forms, employment records, time sheets or cards, absence forms or any other District records.
b. Incompetency or inefficiency in performance of the duties of his/her position.
c. Abandonment of position. Five (5) of the affected unit member’s work days of continuous absence without approved leave shall be deemed abandonment and shall result in termination as a voluntary resignation. This shall not require further District action; however, the unit member shall, if requested, be provided the opportunity to demonstrate good cause to excuse his/her absence.
d. Repeated and/or unauthorized absenteeism and/or tardiness, including abuse of illness or other leave provisions.
e. Conviction of any felony or conviction of any sex or substance abuse offense made relevant by provisions of the Education Code. A plea of guilty, or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section.
f. An act of insubordination. This shall include, but is not limited to, refusal or other failure to either comply with a direct order and/or to perform regular or other assigned work and/or refusal to cooperate fully.
g. While on duty: either used, sold/furnished, or was under the influence of, or unlawfully possessed any controlled substance (as defined in Health and Safety Code Section 11007 et seq.).
h. While off duty: unlawfully sold/furnished, was under the influence of, or possessed any controlled substance (as defined in Health and Safety Code Section 11007 et seq.).
i. Consumption of an alcoholic beverage, or an intoxicant of any kind, while on duty or in such close time proximity thereto as to cause any detrimental effect upon the unit member or upon employees associated with him/her. Specifically included is carrying an alcoholic beverage, or intoxicant, into a District facility or onto a District property.
j. Knowingly providing, in a verbal or written manner, confidential employee and/or student records to an unauthorized person or persons.
k. Dishonesty or theft, including deliberate destruction, damage or removal of District or another person’s property.
l. Willful/knowing violation of District rules, policies or procedures. This shall also include refusal to obey safety rules or regulations made applicable to public schools by the State Board of Education or by any other appropriate state or governmental agency.
m. Failure to possess or keep in effect any license, certificate, or other similar requirement required by the State of California for service in the unit member’s classification shall result in termination as a ministerial act.
n. Inexcusable, discourteous, offensive, or abusive conduct or language toward the public, a pupil, or another officer or employee of the District.
o. Conduct, either during or outside of duty hours, which negatively impacts the unit member’s ability to render service to the District.
p. Any cause set forth in the California Education Code which mandates discipline, dismissal, or prohibits hiring.
17.2.2 No disciplinary action shall be taken for any cause, or based upon any event, which arose prior to the unit member achieving permanent status, nor for any cause or event which arose more than two (2) years preceding the date of filing of the written notice of cause unless such cause was concealed or not disclosed by such unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District. Such prior event(s), however, may be utilized in determining the appropriate level of discipline.
17.3 Procedure for Imposing Suspension, Reduction in Pay and/or Dismissal on a Unit Member
17.3.1 Informal Conference
a. A unit member against whom a suspension without pay, reduction in pay and/or dismissal (hereafter “disciplinary action”) is being considered may be requested to attend a conference with the Superintendent or his/her designee prior to official written notification or any proposed disciplinary action. At such conference, the unit member shall be informed orally of the specific disciplinary action being considered, as well as the reasons therefore, and be given an opportunity to respond thereto.
b. The unit member may be represented at such conference by a representative of his/her choice. Holding such an informal conference is discretionary with the District and failure to do so shall not invalidate any disciplinary action taken pursuant to this regulation.
17.3.2 Pre-disciplinary Safeguards
Prior to the imposition of disciplinary action, the District shall give written notice to the unit member and CSEA. This written notice of disciplinary action shall be deemed sufficient if personally delivered or sent to the unit member by certified mail, return receipt requested, at least five (5) business days prior to the date when the disciplinary action is proposed to be effected.
17.3.3 Contents of the Written Notice
The contents of the written notice shall include, but need not be limited to, the following:
a. A statement, in ordinary and concise language, of the specific acts and omissions upon which the disciplinary action is based;
b. A statement of the cause, or causes, for the action taken;
c. If it is claimed that the unit member has violated a rule or regulation of the District, a statement of the rule or regulation;
d. A statement of the discipline proposed, including beginning and ending date(s), if appropriate;
e. A statement that the unit member may file a request for hearing before the Board of Trustees directly with the Superintendent or his/her designee within five (5) days that the District office is open for business after service of the written notice;
f. A statement that if the unit member does not respond pursuant to 17.3.3.a. above, the District will impose the discipline as noticed.
17.4 Immediate Effect
17.4.1 Notwithstanding other provisions of this Article, a unit member against whom disciplinary action is to be taken may be immediately placed on administrative leave with pay upon written notification pending a hearing when the District determines that his/her presence would be detrimental to the welfare of the District, the pupils, the public, or other employees of the District.
17.4.2 This written notification shall be followed by service upon the unit member of the written notice as set forth in 17.3.3.
17.5 Union Representation
The unit member may request the presence of a union representative at any meeting scheduled by an administrator where disciplinary action is the subject of investigative questioning.
17.6 Skelly Meeting:
In situations where suspension of more than four days or termination are recommended, Skelly Meeting shall be held as follows.
17.6.1 The Superintendent or designee may place the employee on paid administrative leave prior to the implementation of discipline to provide an opportunity for a “Skelly” meeting.
17.6.2 Preliminary charges and the information upon which the charges are based will be provided to the employee and CSEA in writing at least five (5) business days prior to the Skelly meeting.
17.6.3 Upon receiving notice of a Skelly meeting, the employee may waive his/her right to have the meeting held by providing advance written notice to the District.
17.6.4 The meeting shall be conducted by a neutral person (neither the Supervisor or investigator) who shall provide a written response after the informal conference. If the charges are upheld, the immediate suspension or termination may be imposed unless the employee requests to appeal the decision to the Board of Trustees. The employee shall be offered the right to a formal hearing before the Board of Trustees on the disciplinary charges.
17.6.5 The parties agree that suspensions of four days or less are not entitled to a skelly-type predisciplinary hearing procedure, however, nothing in this article shall withhold a unit member’s right to respond either orally or in writing, to the charges including materials upon which the action is based, either during the suspension or within a reasonable time thereafter.
17.7 Hearing Before the Board of Trustees
17.7.1 If the unit member served with a recommendation for disciplinary action files a timely request for hearing, the Board of Trustees may conduct such hearing itself or may appoint a designee to conduct such a hearing.
a. Such designee may include, but is not limited to, a hearing officer (e.g. an Administrative Law Judge obtained through the Office of Administrative Hearings).
b. Any decisions rendered by such a designee shall be advisory to the Board.
17.7.2 If a unit member requests a hearing and subsequently fails to appear at the hearing, the unit member shall be deemed to have waived any right to participate or be represented at the hearing and action may be taken without further notice to the unit member, based upon the recommendation for disciplinary action prepared by the Superintendent or his/her designee, and previously served upon the unit member.
17.7.3 The hearing shall be conducted in closed session unless the unit member requests a public hearing. The Board or its designee may deliberate in the absence of the unit member and the District administration.
17.7.4 At such hearing, the unit member shall be entitled to appear personally, to be represented by a person of his/her choice to introduce relevant evidence on his/her behalf, to cross-examine witnesses and to challenge evidence presented by the District.
17.7.5 The Board of Trustees’ determination of the sufficiency of the cause for disciplinary action shall be conclusive.
17.8 General Provisions
17.8.1 Suspension pursuant to this Article shall not reduce or deprive the unit member of seniority or health benefits.
17.8.2 Nothing in this Article shall limit the District’s right to institute dismissal and/or immediate suspension and mandatory leave of absence proceedings as set forth in the California Education Code, nor shall discipline under this Article be regarded as a precondition of any proceedings under the California Education Code.
17.8.3 A proposed disciplinary action may be settled at any time. The terms of such settlement shall be reduced to writing. A unit member offered a disciplinary settlement by the District shall, if requested by the unit member, be granted a reasonable amount of time to have the proposed settlement reviewed by his/her chosen representative prior to signing it.
17.8.4 A copy of any proposed discipline, which has been reduced to writing, shall be simultaneously sent to the Chapter President or his/her designee. The designation of any person other than the Chapter President shall be in writing.
17.8.5 All proceedings involving proposed discipline shall be private, and all parties shall keep the matter as confidential as reasonably possible under the circumstances.