5281: Disciplinary Action and Discharge

Staff who fail to fulfill their job responsibilities or follow the reasonable directions of their administrators or who conduct themselves on or off the job in ways that significantly affect their effectiveness on the job or otherwise act in such a way that the law determines to be sufficient cause will be subject to discipline. Behavior, conduct, or action which may result in disciplinary action or discharge may include, but is not limited to:

Insubordination, gross incompetence, immorality, sexual misconduct, conviction of a felony, nonprofessional conduct, mental or physical inability to perform the duties for which employed, illegal discrimination, vulgar speech or actions, use of habit-forming drugs, which affect work performance, consumption of alcohol or other substances which affect work performance, use of alcoholic beverages on school premises or at a school-sponsored activity off the school premises, and use of district supplies and equipment for personal benefit or financial gain.

Discipline will be reasonably appropriate to the circumstances up to and including suspension or discharge.

In the event that allegations or charges are made against a staff member for misconduct with minors, the superintendent may contact the Child Protective Services central registry for evidence regarding whether the staff member is an adjudicated or admitted perpetrator of child abuse or neglect. Discharge or other adverse action affecting the contract status of certificated staff will be instituted by the superintendent in the manner prescribed by law.

When allegations are made against an employee of sexual abuse, verbal abuse or physical abuse the district will make a determination whether the abuse or misconduct occurred.

If the district determines that sufficient information exists to conclude that the abuse or misconduct occurred and that the abuse or misconduct resulted in the employee’s leaving his or her position at the district, the district must forward known information about the employee sexual misconduct to prospective school district employers.

The district will not enter into any contract to suppress information about verbal or physical abuse or sexual misconduct by a present or former employee. Neither will the district expunge such information from the employee’s file.

In cases where the allegations involve violations of the state professional code of conduct for certificated staff, the superintendent will file a report with the Office of Professional Practice in the State Superintendent’s office.

Upon the request of the suspended staff member, the board will meet with the suspended staff member to determine if discharge action will be taken. If a request is not received, the board acts upon the recommendation of the superintendent.

Cross References:

Board Policy 5006 Certification Revocation

Legal References:

Management Resources:

Policy News, October 2004 Sexual Misconduct Definitions