SERIES 4000: DISTRICT EMPLOYMENT
4400 Professional Staff
4407 Discipline
Maintaining appropriate procedures and standards for addressing misconduct and other inappropriate behavior by Professional Staff is a critical component in furthering an effective educational environment and in providing quality educational services to students. Off-duty conduct may result in discipline if it adversely impacts the District and is not a legally protected activity. Information about substantiated unprofessional conduct will not be suppressed or removed from a personnel file consistent with Revised School Code Section 1230b. This Policy must be implemented consistent with Policy 1101.
A. Probationary Professional Staff
Probationary Professional Staff discipline or demotion may occur for any lawful reason.
1. If the complaint alleges suspected child abuse or neglect, the matter must be immediately reported to Children’s Protective Services.
2. An employee who is subject to an investigatory interview that may result in discipline or who reasonably believes an investigatory interview may result in discipline may bring a representative consistent with Policy 4108.
3. The Superintendent or designee is authorized to place a Professional Staff member on paid, non-disciplinary administrative leave pending the completion of an investigation when, in the judgment of the Superintendent or designee, placing the Professional Staff member on leave will protect the investigatory process or work environment.
4. Disciplinary measures may include warning, reprimand, unpaid suspension, financial penalty, or discharge. This Policy does not require that disciplinary measures be applied progressively or sequentially. The District may apply appropriate disciplinary measures for the circumstances. The District may also consider preventative measures, including training, coaching, and other remedial measures.
5. Discipline will be confirmed in writing and placed in that person’s personnel file. The person’s year-end performance evaluation may also reflect the discipline.
6. The Superintendent or designee is authorized to impose discipline except for:
a. Nonrenewal of a probationary teacher; or
b. Discharge of a probationary teacher.
The Board’s action may be based upon the Superintendent’s or designee’s written recommendation and applicable procedures set forth in the Teachers’ Tenure Act.
B. Tenured and Non-Probationary Professional Staff
Tenured teacher discipline or demotion will occur only for a reason(s) that is not arbitrary or capricious. Likewise, the disciplining of Non-Teaching Professionals will be governed by the arbitrary or capricious standard unless expressly stated otherwise in a collective bargaining agreement, employee handbook, or individual employment contract. Under the arbitrary or capricious standard, a disciplinary decision must be supported by a preponderance of the evidence and the discipline must have a rational relationship to the established misconduct or inappropriate behavior.
Before imposing discipline, the Superintendent or designee will investigate whether a Professional Staff member engaged in conduct that may justify discipline. The investigation should include discussions with witnesses determined by the Superintendent or designee to have relevant information and a review of tangible evidence (e.g., documents, video, electronic communications). The Professional Staff member will be provided an opportunity to respond to the allegation(s).
If a Professional Staff member is governed by a collective bargaining agreement or individual employment contract, the Superintendent or designee will adhere to the disciplinary standards and procedures in that agreement. If the collective bargaining agreement or individual employment contract does not have an applicable provision, then the standards and procedures outlined below will apply.
The following procedures may be used for investigating allegations of Professional Staff misconduct or inappropriate conduct:
1. The Superintendent or designee may consult with legal counsel in appropriate cases and may request that legal counsel assist with an investigation.
2. The Superintendent or designee will give the Professional Staff member oral or written notice of the allegation(s).
3. If the complaint alleges suspected child abuse or neglect, the matter must be immediately reported to Children’s Protective Services.
4. The Superintendent or designee will give oral or written notice of the time, date, and location of a meeting to provide the Professional Staff member with an opportunity to respond to the allegation(s) and substantiating factor(s).
6. The Superintendent or designee is authorized to place a Professional Staff member on paid, non-disciplinary administrative leave pending the completion of an investigation when, in the judgment of the Superintendent or designee, placing the Professional Staff member on leave will protect the investigatory process or work environment.
7. If an investigation concludes that a preponderance of the evidence (i.e., more likely than not) establishes that the Professional Staff member engaged in conduct warranting discipline, the appropriate level of discipline will be guided by the following:
a. the seriousness of the offense;
b. the Professional Staff member’s prior disciplinary and employment record;
c. whether other Professional Staff members have engaged in similar or like past conduct known to the District’s administration and the discipline imposed for those infractions;
d. the existence of aggravating or mitigating factors, as determined by the Superintendent or designee;
e. applicable federal or state law;
f. the Professional Staff member’s acceptance of responsibility;
g. the likelihood of recurrence; and
h. any other factors the Superintendent or designee determine are relevant.
8. Disciplinary measures may include:
a. warning;
b. reprimand;
c. unpaid suspension;
d. financial penalty; or
e. discharge.
This Policy does not require that disciplinary measures be applied progressively or sequentially. The District may apply appropriate disciplinary measure. The District may consider additional preventative measures to address the misconduct, including training, coaching, and other remedial measures.
9. Discipline will be confirmed in writing and placed in that person’s personnel file. The discipline imposed may also be reflected in the person’s year-end performance evaluation.
10. The Superintendent or designee is authorized to impose discipline except for:
a. the discharge of a Professional Staff member; or
b. the demotion of a tenured teacher, as defined in the Teachers’ Tenure Act.
11. A tenured teacher’s salary may be escrowed after tenure charges are approved by the Board pursuant to Policy 4208.
Legal authority: MCL 38.71 et seq.; MCL 380.11a, 380.601a; NLRB v J Weingarten, Inc, 420 US 251 (1975)
Date adopted: 08/09/21
Dated revised: 06/19/23, 12/19/23
