Article V Disciplinary Procedures
Article V
DISCIPLINARY PROCEDURES
Section A. General Statements
1. The form of discipline shall be at the discretion of the administrator and/or Board.
It may
include a plan of assistance, corrective action, emergency removal from duties, and
termination of employment.
2. When a policy is violated, the main concern is corrective action.
3. All disciplinary actions against a Professional Employee shall be subject to grievance.
Section B. Professional Employee Discipline – Just Cause
No Professional Employee will be subject to discipline without cause. The specific
grounds
forming the basis for disciplinary action will be made in writing and given to the
Professional
Employee.
Section C. Right to Representation
If an administrator or the Board calls a Professional Employee into a conference or
meeting on a
matter which the Professional Employee believes may lead to disciplinary action against
them or
intends to discuss or take disciplinary action, the Professional Employee has the
right to have an
Alliance representative of their choice present.
Section D. Plans of Assistance
1. A Professional Employee for whom a concern or problem has been identified will
benefit
from timely assistance by the administration, peers, and other experts, as well as
time
within employee contract dates to progress toward improvement if Section G of this
Article is not employed. The burden of improvement is always on the employee.
2. An assistance team will be appointed upon mutual consent of the Professional Employee
and the administrator responsible for the Professional Employee's performance.
3. The assistance team will work with the Professional Employee involved to establish
goals,
objectives, and strategies for making progress, timelines, and progress indicators.
Section E. Steps of Corrective Actions
Steps of corrective actions are recommended as appropriate measures to take when violations
occur,
such as:
A: Moral Turpitude (Ex: Sexual assault, theft, an act or behavior that violates
the sentiment of the accepted standard of the community).
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B. Incompetency or insubordination, neglect of duties as assigned
C. Dishonesty or other unprofessional conduct on campus or in connection with job-related
responsibilities, including failure to perform assigned duties and responsibilities
D. Violation of any Board Policies
The following steps of corrective action are appropriate for progressive discipline;
however, they are
not synonymous with, nor a substitute for, administrative assistance. They are recommended
as
appropriate measures when a professional employee has violated the terms of their
employment or
expectations of the conditions of employment.
1. A documented verbal warning will be given to the professional employee with
the opportunity for the professional employee to respond within ten business days.
2. A written warning will be delivered to the professional employee, signed by both
parties,
placed in their file, and created and enforced in a Corrective Action Plan.
3. If offenses are repeated, or behavior continues, disciplinary action up to and
including termination as defined in Section F of this Article may be enforced.
Section F. Disposition of Action
1. The Board will provide the Professional Employee a pre-termination hearing at which
the
Professional Employee will be advised of the charges and explained the nature of the
evidence upon which the Board relies, along with an opportunity for the Professional
Employee to tell their side of the story and any explanation the Professional Employee
may desire to make in denying the charges. After the pre-termination hearing, the
Board
will close its investigation and may, if warranted, take appropriate disciplinary
action,
including discharge. In cases where recommended discipline is discharged from
employment, the Board will provide the Professional Employee a pre-termination hearing.
2. The pre-termination hearing will not reduce the statutory rights provided to the
Professional Employee under Article X Section A of this agreement.
Section G. Emergency Removal from Duties
1. In the event imminent action must be taken because of the seriousness of the accusation,
the Professional Employee may be placed on administrative leave with pay pending the
conclusion of an investigation and determination of the facts. An investigation team
will
consist of an administrator, a representative from Faculty Alliance, and a representative
chosen by the Professional Employee. During administrative leave, the Professional
Employee will not be permitted on college property, shall not attend any College-related
events, and will refrain from contacting employees and students. Questions or concerns
shall be directed to the supervising administrator.
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2. The findings and recommendations shall be shared in writing with appropriate
administrators, the involved Professional Employee, and their Alliance representative
before presentation to the Board.