|
Littleton Public Schools Policy |
|
Policy Code GDPD Policy Name Suspension, Demotion, and Dismissal of Classified Staff Adoption July 2, 1984 Revised February 13, 1997 |
Suspension, Demotion, or Dismissal
Suspension is defined as the temporary removal of a classified employee from an assigned position and constitutes a warning to the employee that such removal may precede demotion or dismissal. Suspension may be with or without pay and benefits pending investigation and clarification of all charges resulting in suspension. Demotion is defined as the administrative reassignment of a classified employee to a lower grade position. Dismissal is defined as termination of employment.
Reasons for Suspension, Demotion, or Dismissal:
The District may reprimand, suspend, demote, or dismiss a classified employee for reasonable cause, including, but not limited to, the following:
Absence without notification;
Excessive absence or tardiness;
Abuse of any leave privileges;
Discourteous, offensive or abusive conduct or language toward other employees, students, or the public;
Unethical or obscene actions, gestures, or statements toward other employees, students, or any other person while on District property, during working hours, or at any time and place to the extent the conduct may adversely affect the operations of the District or the employee’s fitness to perform his or her duties;
Dishonesty;
Possessing, using, transmitting, addiction to or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, chemical, controlled substance, or intoxicant of any kind not prescribed by a physician, while on duty or while on District property at any time as an employee;
Falsifying any information supplied to the District, including, but not limited to, information supplied on application forms, employment records, or any other District records;
Incompetency or inefficiency in the performance of duties, including, but not limited to, failure to follow or carry out instructions or failure to perform a job assignment in a satisfactory manner, or unsatisfactory performance as documented in the evaluation process for classified employees;
Insubordination, including, but not limited to, refusal to promptly perform assigned work;
Failure to possess a valid driver’s license when it is a requirement of the position;
Failure to follow District policies, safety regulations, procedures or practices, or failure to report conditions or situations which could be injurious to personnel or equipment;
Provoking, instigating, or participating in a fight or scuffle on District property or while on duty;
Temporary or permanent removal, use, or possession of District property without proper authorization;
Conduct by an employee at any time or in any place which may adversely affect the health, safety, or welfare of students or personnel, the operation of the District, or the employee’s fitness to perform his or her duties;
Immorality;
Justifiable decrease in positions, reduction or change in responsibilities, or the scope and nature in which the function is needed;
Other good and just cause.
Suspension With Pay and Benefits
This action may be taken by the supervisor who shall direct notice of such suspension to the Superintendent and assistant superintendent of human resources within one (1) workday of the suspension date. The amount of time of suspension with pay shall not exceed five (5) workdays. A notification of suspension with pay shall be placed in the work site file and the official personnel file of the employee.
The supervisor shall ensure that the time and attendance records for the work site file and the Littleton Absentee Reporting System (LARS) reflect the time of suspension with pay.
Suspension Without Pay and Benefits
This action may be taken by the Superintendent or his/her designee for a period of time not to exceed ten (10) workdays unless dismissal proceedings are initiated.
Prior to the suspension, the employee shall be given written notice by the supervisor of the reason for the recommended suspension, an explanation of the evidence which the District has in support of the suspension, and an opportunity to respond to the reasons by presenting his or her side.
Should the supervisor still believe that suspension without pay and benefits is warranted, the recommendation shall be forwarded to the Superintendent or his/her designee for action. In no case shall his/her designee be the employee’s immediate supervisor. The employee may attach to the recommendation a statement and/or request for an informal hearing with the Superintendent or his/her designee. Such informal hearing shall be in lieu of Board policy GBM Staff Complaints and Grievances process. If requested, such a hearing shall be afforded within three (3) workdays. The decision of the Superintendent or his/her designee shall be forwarded to the employee within five (5) workdays of the hearing.
Should the Superintendent or his/her designee decide to support the recommendation, the employee shall be notified by the Superintendent or his/her designee of the dates included in the suspension. This notification shall be in writing and a copy of the notification shall be placed in the work site file and the official personnel file of the employee. Should the recommendation be disapproved, the employee will be reinstated with no loss of pay.
The supervisor shall ensure that the time and attendance records for the work site file and the Littleton Absentee Reporting System (LARS) reflect the suspension without pay for the period specified by the Superintendent or his/her designee.
Demotion
The Superintendent or his/her designee may demote a classified employee following the provisions of Board Policy GDI, Classified Staff Assignments and Transfers. This action serves as a warning to the employee that repetition of the behavior, performance, or incident which led to demotion may result in additional disciplinary action including suspension or dismissal. A regular classified employee with the District as defined in Board Policy GDG, Classified Staff Introductory Period, may file a grievance under Board Policy GBM Staff Complaints and Grievances as an objection to any permanent demotion.
Dismissal
The supervisor of any classified employee may recommend to the Superintendent or his/her designee that the classified employee be dismissed. The classified employee shall be notified the day that the recommendation for dismissal is made to the Superintendent, unless the employee is unavailable, and, in that case, shall be notified of said recommendation by certified mail.
Regular classified employees with the District as defined in Board Policy GDG, Classified Staff Introductory Period, who are being recommended for dismissal shall be provided with notice of the recommendation, including a written statement of the reason(s) for the recommendation for dismissal. If possible, the supervisor should provide an explanation to the employee of the facts supporting the reason(s) and an opportunity for the employee to respond to this information before submitting the recommendation for dismissal to the Superintendent or his/her designee.
Regular employees with the District may request that the Superintendent or his/her designee review the circumstances pertaining to the recommended dismissal through an informal conference or by filing a request for advisory arbitration under the provisions of Board Policy GBM, Staff Complaints and Grievances.
The Board delegates to the Superintendent or his/her designee the final authority to dismiss classified personnel, including the final review of any recommendation of an advisory arbitrator under Board Policy GBM. All dismissals of classified employees shall be brought to the attention of the Board for its information at its next regular meeting. The Board, in its discretion, reserves the right to review the Superintendent’s decision at its next regular meeting if so requested by said employee.
Any employee who has been dismissed for cause will be ineligible for reemployment.
Any employee whose employment is terminated through dismissal for cause will forfeit all accrued rights and privileges, including reimbursement for leave entitlement and vacations.
If an employee is dismissed as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of evidence, the Superintendent, or his/her designee, shall immediately notify the Colorado Department of Education to provide any information requested by that department concerning the circumstances of the dismissal. The District also shall notify the employee that information concerning the dismissal is being forwarded to the Colorado Department of Education unless such notice would conflict with the confidentiality requirements of the Child Protection Act.
Legal Reference: C.R.S. 22-32-109.7
C.R.S. 22-32-110(1)(h)
C.R.S. 22-32-126(3)
C.R.S. 19-3-301 et seq. (Child Protection Act of 1987)