Code:  GCPD

Readopted:  9/25/17

Adopted:  3/10/97

Orig. Code(s):  GCPD

It is the policy of the Board to use due process and to comply with relevant portions of the collective bargaining agreement when disciplining and/or dismissing employees.

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Code:  GCPD-AR

Revised/Renewed:  3/13/18

2/23/06

Orig. Code(s):  GCPD-AR

 

The Board will use due process and comply with relevant portions of the collective bargaining agreement when disciplining and/or dismissing employees.

1.   Discipline
      Staff members will be disciplined according to the severity and frequency of the
      conduct at issue.  Discipline may be in the form of verbal reprimand, written
      reprimand, plan of assistance or suspension depending on the circumstances of
      each case.

a.   Verbal Reprimand: The administrator will hold a conference with the
      employee and his/her representative.  He/She will outline the nature of the
      problem and listen to any comments from the employee and representative.
      The administrator will indicate compliance with specified procedures or
      cessation of certain conduct is required and future consequences if
      directives are ignored.

b.   A Memo of Concern will be placed in the employee’s working file.

c.   Written Reprimand: The administrator will hold a conference with the
      employee.  The employee may have a representative present.  The
      administrator will outline the nature of the problem and listen to any
      comments from the employee or his/her representative.

The administrator will indicate compliance with specified procedures or cessation of certain conduct is required and future consequences if directives are ignored.  A “letter of reprimand” shall be written and placed in the employee’s personnel file pursuant to provisions in Board policy or the collective bargaining agreement.

d.   Plan of Assistance: Performance deficiencies may require a written plan of
      assistance to aid improvement.  The plan of assistance will incorporate the
      following elements:

(1) A written description of the problem or problems to be corrected;

(2) The method or methods which will be used to correct the problem;

(3)The length of time during which improvement or correction must occur;
     and

(4) Frequency and type of supervision to be provided.

The administrator will hold a conference with the employee and representative to discuss the plan.  The employee may have a representative present.  The administrator will explain the plan of assistance and listen to any comments from the employee or his/her representative.  The plan of assistance will be implemented as written or modified and implemented as modified.

e.   Suspension: Employees may be suspended in order to maintain the health
      and/or safety of other employees and/or students.  Employees may also be
      suspended pending investigation of complaints regarding their job
      performance or conduct.

2.   Dismissal

a.   Probationary teachers

(1)  Contracts of probationary teachers may be nonrenewed for any reason or reasons deemed in good faith sufficient by the Board.  Written notice of intended non-renewal and reason(s) for nonrenewal must be given to the teacher by March 15 or sooner if so specified in a collective bargaining agreement.  Written notice must be given prior to Board action on the nonrenewal.  The teacher may request a hearing before the Board.

(2)  Probationary teachers may be dismissed at any time for any reason or reasons deemed in good faith sufficient by the Board.  Written notice of intended dismissal and reason(s) for dismissal must be given to the teacher prior to Board action on the dismissal.  The teacher may request a hearing before the Board. 

(3)  Procedures that apply to hearings before the Board are contained in statute and the collective bargaining agreement.

b.   Contracted Teachers

(1)     Contracted teachers may be dismissed when their job performance or conduct falls within one of the broad reasons listed in Oregon Revised Statute (ORS) 342.865: inefficiency, immorality, insubordination, neglect of duty, physical or mental incapacity, conviction of a felony or of a crime involving moral turpitude, inadequate performance, failure to comply with such reasonable requirements as the Board may prescribe to show normal improvement and evidence of professional training and growth, or any cause which constitutes grounds for the revocation of such contracted teacher’s teaching license.

(2)     The superintendent or designee and employee shall meet to discuss the superintendent’s proposed recommendation to the Board regarding dismissal.  The employee may be accompanied by anyone of his/her choice.

(3)     The employee shall be notified if the superintendent intends to recommend dismissal or contract non-extension.

(a)   The notice shall contain:

• The statutory grounds upon which the superintendent believes such dismissal is justified;
• (A plain and concise statement of the facts relied on to support the statutory grounds for dismissal;
• A copy of ORS 342.805 to 342.934; and
• The day and time of the Board meeting during which the recommendation will be made.

(b)  The notice must be given at least 20 days prior to the time the recommendation is made to the Board.  It must be delivered in person or must be sent by certified mail.

(c)   Notice must be sent to the Board and to the Fair Dismissals Appeals Board.

(4)  The employee may be present at the Board meeting and be accompanied by anyone of his/her choice.

(5)     The employee shall receive notice of the Board’s proposed action and the reasons for such actions.  Notice shall be sent by certified mail, return receipt requested, or in the manner provided by law for the service of a summons in a civil action.

c.       Illness/Other Circumstances

Sickness or other unavoidable circumstances which prevent the teacher from teaching 20 school days immediately following exhaustion of sick leave accumulated under ORS 332.507 may be sufficient reason for the Board to place the teacher on leave without pay for the remainder of the regular school year.  The district may terminate the teacher’s employment without penalty on August 1 if the Board determines that the teacher is unable to resume teaching responsibilities at the beginning of the next fall term and the teacher is not on worker’s compensation leave or federal or state family illness leave.

d.       Wages

Whenever an employee is dismissed or where such employment is terminated by mutual agreement all wages earned and unpaid at the time of discharge or termination shall be payable not later than the end of the first business day after discharge or termination.