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406.10 Employee Conduct, Work Rules, and Disciplinary Procedures

Series 400 - Staff Personnel
Employee Conduct, Work Rules, And Disciplinary Procedures Code No. 406.10
Employee Conduct 
The Board believes that the maintenance of a positive working relationship between the District
and its employees requires a shared understanding and acceptance of standards of conduct and performance.  Performance standards are generally contained in evaluation instruments and are measured in periodic evaluations of an employee's work.  Standards for conduct 'are contained in work rules, in Board policies, and in laws and regulations.  In addition, the Board expects that employees will be governed by simple common sense and by social norms, even though these standards of conduct are unwritten. 
Work Rules 
The Board authorizes and directs the Superintendent to adopt and implement work rules to govern the conduct of all District employees.  The work rules authorized by this policy will take effect immediately upon their review by the Board and will be subject to supplementation or modification at any time by either the Board or the Superintendent.  If a new work rule is created or an existing work rule is revised by the Superintendent, the rule will take effect immediately and will be submitted to the Board at the next regular meeting following such action by the Superintendent.  If the Board does not take any action regarding the rule, then the rule will continue in effect as created or revised by the Superintendent. 
Disciplinary Procedures 
In the event of such unsatisfactory conduct by an employee, the employee's supervisor will normally first try to correct the situation through discussion with the employee.  The employee or the employee's supervisor may call upon the Superintendent for help in resolving the problem, or if this fails, in deciding upon what remedial action is warranted.  In all cases, the supervisor reserves the right to adjust his/her action to suit the circumstances. 
The Superintendent is authorized to take whatever disciplinary action he/she deems appropriate, including, but not limited to, verbal warning, written warning, written reprimand, suspension with or without pay, and termination of employment. 
To the extent required by law, employees will be provided due process before they are suspended or terminated.  If due process is required by law, the pre-deprivation process will include notice of the charge or charges against the employee, a brief explanation of the evidence or information which supports the charge or charges, and an opportunity for the employee to respond to the charge or charges.  It is within the discretion of the supervisor to determine whether the employee will be required to respond immediately or whether the employee will be given additional time to respond, and, if so, how much additional time.  If the employee responds or is required to respond immediately, then the disciplinary action to be taken, if any, will be taken as soon the supervisor makes a decision.  If the employee is given additional time to respond, then the employee may be placed on administrative leave with pay and the disciplinary action, if any, will be taken as soon the supervisor makes a decision. 
If this due process procedure is implemented and the employee is suspended or terminated, the employee will have the right to a hearing before the Board of Directors.  If the employee wishes to have a hearing before the Board of Directors, the employee must notify the Superintendent in writing within five (5) calendar days following the date on which the decision was made to take disciplinary action.  The Superintendent will advise the employee of the date, time, and place of the hearing and the procedures which will be followed by the Board at the hearing. 
If some other procedure for disciplinary action is prescribed by law, the other procedure will be followed. 
If the employee is an employee at-will, the creation and implementation of this policy does not change the at-will nature of the employment relationship. 
Adoption: 3-22-10
Review:  2-11-19
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