The Board believes that, when necessary, dscipline will be administered fairly, respecting the individual employee, with a goal of assisting employees to improve. This will be achieved through the use of “progressive discipline.” Nothing in this policy shall limit the right of an employee to full and fair due process with just cause.
As used in this policy, “progressive discipline” means imposition of the least severe sanction likely to prevent a recurrence of the offense. If the Board finds facts that support the use of progressive discipline, the Board may impose a penalty which may include, but not be limited to one or more of the following:
- Verbal counseling/oral warning in which a verbal conference between the employee and his/her supervisor is held.
- A written warning which is a formal notice of a performance problem or unwillingness to follow established policy. This notice serves as a warning that continued infractions will not be tolerated and may result in recommendation for discharge.
- Probation for a period of time determined by the supervisor in connection with the written warning.
- Administrative leave with pay.
- Suspension without pay imposed in compliance with the applicable Indiana statutes.
- If progressive discipline does not prevent a recurrence of the behavior; then cancellation of contract may be imposed in compliance with applicable Indiana statutes
Exceptions to this disciplinary procedure may be made, in cases where good practice demands immediate suspension or dismissal. Examples include, but are not limited to the following:
- Reporting for duty under the influence of an alcoholic beverage, an illegal drug, or a prescription drug used other than in accordance with a prescription.
- Possession or use of alcoholic beverages or drugs on school property or at an event sponsored by the Board.
- Willful refusal to follow established rules or standards regarding the conduct of a professional employee, i.e. insubordination.
- Theft, fraud, or another violation of criminal law.
- Arrest and subsequent conviction of a crime.
- Falsification or omission of a material fact in the application for employment by the Board.
- Threats of and/or acts of violence to a person or substantial property damage.
- Poor professional judgment resulting in a risk of physical harm to a person.
- Harassment in violation of Board Policy 3362.
In the event an administrative staff member is recommended for suspension without pay or dismissal, the procedures required by Indiana law will be implemented.
I.C. 20-28-6 and 7.5
I.C. 20-28-9-21 through 23
29 C.F.R. 541.303