AVSTA CSEA-CONTRACT-April 12, 2023

ARTICLE XIX

DISCIPLINARY ACTION

19.0

Disciplinary Procedures

19.1 Disciplinary Action Defined: Disciplinary action is defined as suspension without pay, demotion (other than reduction in hours of employment or assignment to a lower class pursuant the California Education Code) and discharge (other than a layoff). This Article shall not apply to probationary employees. 19.2 Progressive Discipline: The parties acknowledge that progressive discipline such as verbal warnings, conferences, written warnings or letters of reprimand, shall be utilized, unless the misconduct is of a serious nature. 19.2.1 Written warnings shall be given within ten (10) working days from when the supervisor first learns of the alleged infraction, and shall include specific infraction(s), the directive(s) to correct the identified infraction(s) and consequences of failure to correct the infraction(s) or continued engagement in misconduct. The Agency shall meet with the unit member to review and provide a copy of the written notice. If employee is not able to meet with the supervisor within this ten (10) working day period, the Agency can serve the written warning by sending to the employee’s last known address. 19.2.2 Letters of reprimand shall include the specific misconduct. Letters of reprimand should include a plan for improvement and consequences for continued infractions. The employee shall sign the reprimand to acknowledge receipt only. Letters of reprimand shall not be placed in the employee’s personnel file unless and until the employee is given the opportunity to review the letter and respond. The employee may prepare a written response within ten (10) working days of the date of receipt of the letter of reprimand. Such response shall be attached to the letter of reprimand.

19.3 Disciplinary Action for Cause: A permanent classified employee shall be subject to disciplinary action for cause. The term "cause" shall include, but shall not be limited to, the following:

19.3.1 Conviction of a serious or violent crime by a court of law; failure to disclose material facts regarding criminal records, and other false or misleading information on application forms or examination and employment records concerning material matters.

19.3.2 Immoral conduct.

19.3.3 Incompetency, inefficiency, neglect, inattention, or dereliction in the performance of the duties of the position held.

19.3.4 Insubordination (including, but not limited to, refusal to do assigned work), or disrespect toward authority.

19.3.5 Negligent or willful failure of good conduct tending to injure the public service, or any willful and persistent violation of the provisions of the Education Code or of rules, regulations or procedures adopted by the Board of Directors.

19.3.6 Political activities engaged in by an employee during his/her assigned hours of employment.

19.3.7 Possession or consumption of alcoholic beverages or controlled substances or use of alcoholic beverages or controlled substances which interferes with job performance. Addiction to the use of narcotic or controlled substances.

19.3.8 Negligent or willful damage or injury to persons or property. Negligent or willful waste of Agency property, supplies or equipment.

19.3.9 Misrepresentation or fraud in securing appointment.

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