BP 7365 Discipline & Dismissals - Classified Employees
BP 7365 Discipline and Dismissals Classified Employees
Reference:
Education Code Section 88013
The Superintendent/President shall enact procedures for the
disciplinary proceedings applicable to permanent classified employees of the
District. Such procedures shall conform to the requirements of the Education
Code.
The Boards determination of the sufficiency of the cause for
disciplinary action of a classified employee shall be conclusive.
No disciplinary action shall be taken for any cause that arose
prior to the employee becoming permanent, or for any cause that arise more than
two years preceding the date of the filing of any charge against the employee,
unless the cause was concealed or not disclosed by the employee when it could be
reasonably assumed that the employee should have disclosed the facts to the
District.
A permanent member of the classified service shall be subject to
disciplinary action, including, but not limited to, oral reprimand, written
reprimand, reduction in pay, demotion, suspension, or discharge, for any of the
following grounds:
Fraud in securing employment or making a false statement on
an application for employment.
Intentional falsification, alteration of District
information or record (including, but not limited to, timekeeping records).
Incompetence, i.e., inability to comply with the minimum
standard of an employees position for a significant period of time.
Inefficiency or inexcusable neglect of duty, i.e., failure
to perform duties required of an employee in the position (including, but not
limited to, failure to possess required licenses or failure to pass required tests).
Willful disobedience and insubordination, a willful failure
to submit to duly appointed and acting supervision, conform to duly
established orders or directions of, or insulting or demeaning the authority
of a supervisor or manager.
Dishonesty involving employment.
Possession, distribution, sale, use or being impaired by or
under the influence of alcohol or illegal drugs or narcotics while on duty or
while operating a vehicle leased or owned by the District which could impact
the ability to do the job.
Excessive absenteeism.
Unexcused absence without leave.
Abuse or misuse of sick leave.
The conviction of either a misdemeanor or a felony
involving moral turpitude shall constitute grounds for dismissal of any
employee. The record of conviction shall be conclusive evidence only of the
fact that the conviction occurred. A plea or verdict of guilty, or a
conviction showing a plea of nolo contendere made to charge a
felony or any offense involving moral turpitude, is deemed to be a conviction
within the meaning of this Section.
Discourteous treatment of the public or other employees.
Improper or unauthorized use or removal of District or
personal property.
Refusal to subscribe to any oath or affirmation which is
required by law in connection with District employment.
Any willful act of conduct undertaken in bad faith, either
during or outside of duty hours which is of such a nature that it causes
discredit to the District, the employees department or division.
Inattention to duty, tardiness, indolence, carelessness or
negligence in the care and handling of District property.
Mental or physical impairment which renders the employee
unable to perform the essential functions of the job without reasonable
accommodation or without presenting a direct threat to the health and safety
of self or others.
Acceptance from any source of a reward, gift, or other
form of remuneration in addition to regular compensation to an employee for
the performance of his or her official duties.
The refusal of any officer or employee of the District to
testify under oath before any court, grand jury, or administrative officer
having jurisdiction over any then pending cause of inquiry in which the
District is involved. Violation of this provision may constitute of itself
sufficient ground for the immediate discharge of such officer or employee.
Willful violation of policies, procedures and other rules
which may be prescribed by the District, college or departments.
Working overtime without authorization.
Actual or threatened physical violence toward the public
or other employees.
Violating safety or health rules or practices or engaging
in conduct that creates a safety hazard.
Sexual harassment or other unlawful harassment of a fellow employee.
Bringing on District property dangerous or unauthorized
materials such as explosives, firearms or other similar items.
