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Article 9 – Disciplinary Procedures

Article 9 – Disciplinary Procedures

9.01 - Procedure: All employee investigations shall be conducted in a fair and objective manner. Materials and information regarding the investigation shall be relevant to the investigation and reasonable in scope. Such material and information shall remain confidential until the conclusion of the investigation and appropriate notice is provided to the employee who is the subject of the investigation.

  1. Site-Based Investigation: Allegations of employee misconduct or unsatisfactory job performance shall be reviewed by the site-based or school-based administrator. During the investigation, the District may temporarily reassign the employee. The employee shall be provided an opportunity to be heard regarding all allegations at a meeting with the site-based or school-based administrator.
  2. District-Based Investigation: Professional Standards may initiate an investigation at the request of the site-based or school-based administrator or Superintendent in response to allegations of employee misconduct or unsatisfactory job performance that may result in suspension without pay or termination of employment. During the investigation, the District may temporarily reassign the employee.
  3. Administrative Reassignment or Suspension: In accordance with Florida Statute 1012.796, if an allegation of misconduct involves the health, safety, or welfare of a student, the District must immediately suspend the employee, with pay, from regularly assigned duties and reassign the employee to a position that does not require direct contact with students. An employee may be suspended with pay or reassigned pending the outcome of an investigation for allegations not involving the health, safety, or welfare of a student. Suspension with pay or reassignment pending the outcome of an investigation shall continue until an outcome has been rendered by the District and shall not be subject to the grievance procedure.
  4. Right to Representation: If an employee has a reasonable belief that discipline or adverse consequences may result from a meeting with management, the employee has the right to request representation of their choice from the following: the employee’s attorney, a union representative, or a co-worker that is a member of the bargaining unit. Notice of representation by an attorney or union representative must be provided in writing. Management is not required to inform an employee of their Weingarten rights. It is the employee’s responsibility to know their rights and to request representation, if they desire representation.
  5. Pre-Determination Hearing: Employees will be given at least five (5) days written notice, whenever possible, of a pre-determination hearing. Employees shall have the right to representation and the employee may present relevant information in their defense. Allegations will be reviewed at the pre-determination hearing and the employee will be provided an opportunity to respond. After all information has been considered, a disciplinary outcome will be rendered. The Association shall have the right to attend all District-based pre-determination hearings.
  6. Progressive Discipline: Disciplinary action shall be progressive in nature, when appropriate, and may include, but is not limited to: no cause, conference summary, written reprimand, last chance agreement, suspension, termination, reassignment, retraining, or other assistance.
  7. Probationary Period: A new period of probation shall not be used as a form of disciplinary action for an employee who has previously completed their probationary period.
  8. Use of Technology: Email, audio and video recordings, cell phones, and other forms of technology are common in the workplace and may be used in the course of an investigation. The initial review of security camera footage or other technology for the purpose of monitoring employee performance shall be conducted by the site30 based or school-based administrator and shall remain confidential during the pendency of an investigation. All records will be provided to the Association as soon as technologically feasible and in accordance with Florida Statute. If security camera footage is evidence in an investigation of employee misconduct, the Association will have the opportunity to inspect it prior to and/or during a pre-determination hearing. Disciplinary action will be based upon a totality of circumstances rather than solely upon use of technology.

9.02 - Outcome: Any disciplinary action taken while performing duties under a teaching contract or supplemental contract shall be only for just cause, as defined in Florida Statute 1012.33 and 1012.335, and Florida Administrative Code 6A-5.056. Employees with Annual Contract status who are recommended for non3 reappointment are not entitled to an appeal or the grievance procedure, but may be eligible for a review of their non-reappoint in accordance with Article 5.01.

  1. No Finding: If an investigation results in no finding of just cause, written documentation of no finding will be placed in the investigative file and a copy will be provided to the employee. No finding of just cause is a non-disciplinary outcome and shall not be placed in the employee’s personnel file.
  2. Letter of Guidance: If an investigation results in no finding of just cause, a Letter of Guidance may be issued and will be placed in the investigative file and a copy will be provided to the employee. A Letter of Guidance is a non-disciplinary outcome that may be issued to address allegations of potential misconduct that are unsubstantiated but could negatively impact an employee’s professional standing. A Letter of Guidance offers advice to the employee on conduct to moderate or monitor in order to ensure the employee meets the high ethical standards of public employment. A Letter of Guidance shall not be placed in the employee’s personnel file.
  3. Administrative Notes: Administrative Notes are any documentation of a meeting that may result in disciplinary action, including but not limited to an administrator’s notes regarding a verbal warning.
  4. Conference Summary: A Conference Summary is site-based or school-based disciplinary documentation. Any Conference Summary shall be provided to the employee and shall be signed by the employee for the sole purpose of indicating that the employee has received a copy and has had an opportunity to discuss it with their immediate supervisor. If the employee refuses to sign, the Conference Summary will be provided to the employee, indicating that the employee refused to sign. Employees have the opportunity to submit a written response, which will be attached to the Conference Summary.
  5. Written Reprimand: A Written Reprimand is disciplinary documentation that is placed in an employee’s personnel file. Any Written Reprimand shall be provided to the employee and shall be signed by the employee for the sole purpose of indicating that the employee has received a copy and has had an opportunity to discuss it with their immediate supervisor. If the employee refuses to sign, the Written Reprimand will be provided to the employee and a copy will be placed in the employee’s personnel file indicating that the employee refused to sign. Employees have the opportunity to submit a written response, which will be placed in the employee’s personnel file.
  6. Last Chance Agreement: Last Chance Agreements shall be specific in nature and when appropriate a duration will be specified.
  7. Suspension: The process for suspension without pay shall be governed by School Board Policy.
  8. Termination: The process for termination shall be governed by School Board Policy. Employees will receive written notice of a recommendation for termination, which will include the reason for the recommendation. Employees shall be entitled to a hearing before the Board.