Policy No. 5280 Classified Employee Unsatisfactory Work & Termination of Employment

Classified Employee Unsatisfactory Work and Termination of Employment 

1. Unsatisfactory Work 
   1. Any tenured (three successful years of experience) employee doing unsatisfactory work will be invited into a conference with his/her immediate supervisor, and District supervisor, and/or any other appropriate relevant personnel for the purpose of discussing the nature of the unsatisfactory work. 
   2. If the matter cannot be resolved in conference, the District supervisor may recommend that the employee be put on probation. In this case, the employee will receive written notice that his/her work is unsatisfactory. This notice will set forth the reasons that he/she is being placed on probation. 
   3. During the period of probation, the employee will be given a plan of assistance to improve his/her work. An intervention program spelling out the items that are not satisfactory will be initiated and a course of remediation suggested. If satisfactory improvement is not attained by the end of the period, the employee will be released. 
2. Termination of Employment 
   1. Any employee may be dismissed for good cause before the completion of the term fixed in the contract or at the end of a contract year. The following actions shall constitute grounds for cause which may result in dismissal: 
      1. Deficiencies pointed out as part of the appraisal or evaluation process or any other communications. 
      2. Failure to fulfill duties or responsibilities. 
      3. Incompetency or inefficiency in the performance of required or assigned duties.
      4. Inability to maintain order and/or discipline in work-related areas or at assigned school-related functions. 
      5. Insubordination by failure to comply with directives of employee's immediate supervisor, District supervisor, or school principal where applicable. 
      6. Neglect of duties. 
      7. Conducting personal business during working hours. 
      8. Drunkenness or excessive use of alcoholic beverages; illegal use of drugs, hallucinogens, or other controlled substances. 
      9. The possession, use, or being under the influence of alcohol, alcoholic beverages, or controlled substances while on school property, working in the scope of the employee’s duties, or attending any school-sponsored activity. 
      10. Disability, not otherwise protected by law, that impairs performance of required duties. 
      11. Immorality, which is conduct the Board determines to not be in conformity with the accepted moral standards of the community encompassed by the District.
      12. Reasons specified in individual employment contracts reflecting special conditions of employment. 
      13. Failure to maintain an effective working relationship, or maintain good rapport with parents, the community, or colleagues. 
      14. Assault on a District employee or student with or without a weapon or facsimile thereof. 
      15. Falsification of records or other documents related to the District’s activities.
      16. Misrepresentation of facts to a supervisor or other District official in the conduct of District business. 
      17. Failure to fulfill or maintain requirements for training or certification. 
      18. Any other reason justifying termination of employment for cause. 
   2. Before any employee is dismissed, the employee shall be given timely and adequate notice and opportunity to be heard, including the issues they must prepare to meet, set out in detail to enable him/her to show any error that may exist. Dismissal notice is to occur no less than 15 days prior to the proposed date of termination. The employee shall be advised of the names of witnesses and the nature of their testimony. 

Legal References: 

Synopsis: 

Approved by the Board of Education: October 1, 1991

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