Discipline and dismissal of permanent unit members shall take place in accordance with the appropriate provisions of the Education Code. Unit members may be disciplined for the following causes:

1. Willful or negligent violation of District policies, rules and regulations or the rules and regulations of a federal, state or local government agency which are applicable to public schools.

2. Failure to perform adequately the duties of the position held and/or failure to maintain licenses or certificates required by law. District requirements, or job description.

3. Immoral or unprofessional conduct.

4. Dishonesty.

5. Conviction of a felony or of any crime involving the illegal use, possession or intent to distribute controlled substances which would be a violation of the law in California, or of any crime involving moral turpitude.

6. Possession of, or ingesting, or being under the influence of alcohol, or a controlled substance (including prescription drugs where unreported) which could impact the safety of the employee or others on District property or while performing services for the District.

7. Evident unfitness for service with children.

8. Physical or mental incapacity to perform adequately on the job.

31.1 Guidelines for Disciplinary Action

The following guidelines shall be recognized in the discipline and/or dismissal of unit members:

a. The District’s rules, regulations and policies shall be reasonable and related to the efficient operation of the District.

b. Rules, orders and penalties should be applied fairly and equitably.

c. Disciplinary action should be appropriate and reasonably related to the nature of the offense.

31.1.1 Progressive discipline shall be utilized except for conduct which is of such a nature that progressive discipline normally would not result in corrective conduct or the conduct is so egregious that immediate action is warranted.

31.1.1.1 The elements of progressive discipline shall be administered in a timely manner.

31.1.2 Initially the immediate supervisor shall discuss the unit member’s acts or omissions prior to issuing a verbal reprimand.

31.1.3 The immediate supervisor will provide the unit member with a follow up written notice of communication (e.g., email) confirming the verbal reprimand. This communication shall not be placed in the employee’s personnel file unless it is later attached to a written reprimand or notice of suspension as set forth in this Article.

31.1.4 If a verbal reprimand does not result in corrective conduct, a written reprimand may be issued.

31.1.5 If suspension without pay is recommended as a disciplinary action it shall be preceded by a written reprimand. Exceptions may occur where conduct is of such a nature that written reprimands normally would not result in corrective conduct or where there has been no improvement after the first written reprimand.

31.1.6 Any initial suspension of a unit member pending a disciplinary hearing shall be with pay.The member and their representative shall not unreasonably delay the date of the hearing.

31.1.7 Emergency Suspension – The Union and the District recognize that emergency situations can occur involving the health and welfare of students, employees, or the public.

31.1.8 If the unit member’s presence would lead to a clear and present danger to the lives, safety, or health of students, employees, or the public, the District may suspend the unit member without pay immediately after informing the unit member of the reason for the suspension.

31.1.9 Within three (3) workdays, the District shall hold an informal hearing as described in Section

31.2.1 and serve on the employee a written notice of discipline and notice of right to a formal hearing in accordance with this Article.

31.1.10 If, as a result of either the informal or formal hearing, the suspension is found unwarranted or of undue length, the unit member shall be reimbursed the appropriate back pay.

31.1.11 Employees have the right to Union Representation at any meeting. The Employee reasonably believes may lead to discipline. Upon such request an Employee must be represented.

31.2 Disciplinary Procedure

31.2.1 Informal Hearing

By mutual agreement, an employee against whom disciplinary action is being recommended may meet with the Superintendent or their designee prior to written notification of official charges. The employee shall be informed orally of the reasons for disciplinary action and the action to be taken and given an opportunity to respond. The employee may be represented at the meeting by a representative of their choice.

31.2.2 If no agreement is reached at the informal hearing the District will give written notification of official charges and notice of a right to a formal hearing.

31.2.3 Written Notice

When the District seeks the imposition of any disciplinary punishment, notice of such discipline shall be

made in writing and served in person or by registered or certified mail to the employee at the last known

address. A copy of the notice shall be mailed to the Union at the same time unless the employee requests

otherwise.

31.2.4 Statement of Charges

A statement of the specific charges against the employee shall be written in ordinary and concise

language, shall include the cause and the specific acts and omissions, including times, dates, and location,

on which the disciplinary action is based and shall state the penalty proposed.

31.2.5 No disciplinary action shall be taken for any cause which arose more than two (2) years preceding

the date of the filing of the notice of cause, unless such cause was concealed or not disclosed by such

employee when it could be reasonably assumed that the employee should have disclosed the facts to the

District.

31.2.6 The employee may, upon request, have copies of materials upon which the charges are based,

subject to confidentiality and privacy rights to the extent required by law.

31.2.7 Right to a Hearing

The Unit member may request a hearing in writing either by email, United States Postal Service (USPS)

mail or personal delivery within five (5) workdays after service of the statement of charges. In the

absence of a request for a hearing within the five (5) workdays, the disciplinary action shall be effective

without a hearing on the date set forth in the written notice.

31.2.8 If, after requesting a hearing, the employee fails to appear for the hearing, the disciplinary action

shall be effective without a hearing on the date set forth in the written notice.

31.3 Skelly Rights

An employee subject to suspension for five or more days or discharge, shall be entitled, prior to the imposition of that discipline or discharge, to a right to respond, and to the following:

a. b. A notice of the proposed action; and

The reasons for the proposed discipline; and

c. d. A copy of the charges and the materials upon which the action is based; and

The right to respond, either orally or in writing., to allegations. Skelly meetings shall be presided over by a management representative who is not directly connected to the investigation or resulting discipline.

31.3.1 The employee may be represented at the hearing by a representative of their choice.

31.3.2 The Superintendent or designee shall render a written decision within ten (10) workdays.

31.3.3 The decision of the Superintendent or designee shall be submitted to the governing board for action unless the matter is grieved.

31.3.4 A grievance challenging the decision of the Superintendent or designee following : the Skelly meeting may be filed directly at Step Three under Article 25 – Grievance Procedures.

31.5 Release of Probationary Classified Employees

Probationary employees are excluded from the provisions of the disciplinary article. At any time prior to the expiration of the probationary period, the District may, at its discretion, release a probationary employee.

7.1 There shall be only one personnel file for each employee which shall be kept confidential. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for inspection by the person involved.

Such materials shall not include rating reports, or records which

a. were obtained prior to the employment of the person involved,

b. were prepared by identifiable examination committee members,

c. were obtained in connection with a promotional examination.

Every employee shall have the right to inspect such materials upon request, provided that the request is made at a time when such person is not actually required to render services to the District. A representative chosen by the employee may accompany them at this time. Such review shall take place during normal business hours, and the employee shall be released from duty for this purpose without salary reduction.

If an employee is unable to view their personnel file during normal business hours of the Human Resources Office, they may designate in writing a union representative to perform the review on their behalf. Such designation will be valid for one review only.

7.2 Other than formal evaluations, derogatory materials in a personnel file that are at least three (3) years old, and where there has been no repeated incident(s) of the problem(s) that gave rise to such materials during said time period, shall be placed in a sealed envelope. Said sealed material shall not be opened except by court order, or with the unit member’s consent.

7.3 Documents used for discipline purposes which have not already been sent to the personnel file shall be destroyed by close of business June 30th unless these materials are sent to the personnel file in accordance with section 7.4.

7.4 Information of a derogatory nature shall not be entered or filed unless and until the employee is given a copy and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, their own comments thereon. Anonymous or uncorroborated material shall not be filed.

3.0.1 No employee shall be discriminated against because of actual or perceived race, religious creed, color, national origin, ancestry, age, marital status, domestic partner status, pregnancy, physical or mental disability, medical condition, genetic information, HIV/AIDS status, military or veteran status, gender or gender identity, gender expression, sex or sexual orientation, ethnicity, political affiliation, affiliation with an employee organization, or other non-merit/non-job related factors provided the individual’s ability to perform the task is not impaired thereby. No employee shall be subject to harassment, including sexual harassment.

Prohibited sex discrimination includes discrimination based on an employee’s or job applicant’s pregnancy, childbirth, breastfeeding, or any related medical condition.

3.0.2 Neither SFUSD nor the Union shall interfere with, intimidate, retaliate, restrain, coerce, or discriminate against any employee because of the exercise of the employee’s rights granted pursuant to this Agreement. No employees seeking promotion, reassignment, or transfer shall in any way be discriminated against because of their Union activities.

3.0.3 The District also prohibits discrimination in compensation, terms, conditions, and other privileges of employment and the taking of any adverse employment action, including, but not limited to, termination or the denial of employment, promotion, job assignment, or training, against an employee or job applicant based in whole or in part of any of the categories listed above.

3.0.4 Any employee who believes they or another employee has been subjected to discrimination should immediately report the incident to any of the following persons and/or offices:

• the employee’s immediate supervisor;
• the District’s Human Resources Department
• (Director of Employee Relations or Head Administrative Officer)
• the District’s Labor Relations Department (Head of Labor Relations)
• the District’s Office of Equity (Director)

3.0.5 The District will immediately provide the Union with a notification of the complaint to facilitate timely investigation. In a meeting where management is investigating a formal complaint made by an employee, the employee making the complaint has the right to have a shop steward or union representative present in the meeting. If the shop steward is a witness to the complaint, another union representative shall be assigned to represent the employee. The District will conduct an investigation and provide a report of findings and action as quickly as possible. No employee shall be retaliated against for reporting or filing a complaint of discrimination as defined above.

3.0.6 To the extent possible, discrimination complaints will be treated in strict confidence by both the Union and the District. Disciplinary actions against employees found to have violated this Article may include progressive discipline appropriate to the severity and nature of the proven misconduct. If a complaint alleges discrimination by a non-District employee, interim measures and/or final corrective actions to be considered, as contemplated by Administrative Regulations, shall include excluding such person(s) from contact with the complainant and/or their worksite.

3.0.7 The District and the Union agree this Article shall be administered and enforced consistent with all relevant Board Policies, Administrative Regulations, and relevant statutes.

3.1 Reasonable Accommodation ADA

3.1.1 The Parties agree that they are required to provide reasonable accommodations for persons with disabilities in order to comply with all applicable laws and board policies.

3.1.2 An employee may request reasonable accommodation. During the process, an employee has the right, upon request, to Union representation.

3.1.3 When an employee requests a reasonable accommodation, the appropriate District designee shall meet with the employee and, at the request of the employee, with the employee’s Union representative as soon as practicable to commence the interactive process.

3.1.4 The District shall meet and confer with the Union upon request.

3.1.5 If no reasonable accommodation in the current assignment is offered, Employer should make every reasonable effort to provide a modified work duty assignment.

3.1.6 The ADA process is not subject to the grievance procedure as outlined in Article 25.