A supervisor shall identify and communicate an employee's performance deficiencies through a variety of ways including the district's evaluation process (Progress Discussion - PDF) or other written documentation (e-mails/memorandums) or both.
A supervisor shall not terminate an employee without following the decision-making leave provisions as noted in DEC (regulation). But an employee may be suspended without notice as provided in the Suspension Without Notice section. Note: A supervisor cannot terminate or suspend an employee without first consulting with the location human resources director.
An employee may receive only one reevaluation period during employment with the district.
- Secondary deficiencies must be documented and shared with employee.
- Correction considerations must be made prior to consideration of termination.
- If an employee has additional performance deficiencies after successfully completing a reevaluation period, a supervisor may terminate the employee after consultation with the local human resources director or equivalent position and the district human resources director or designee.
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Decision-Making Leave and Reevaluation Period
A supervisor shall notify an employee's next-level supervisor and consult with the local human resources director or equivalent position before requiring an employee to take decision-making leave.
- The consideration of moving to this step in the process should come after a supervisor has made efforts to communicate the problem(s), notified the employee and provided guidance in correcting the issues.
- The role of the second-level supervisor in this process is to review the problems and the documentation and discuss the progress (or lack of) that prompts further action.
- The role of Human Resources is to clarify policy/procedures questions and to assist the supervisor(s) in formatting documentation and/or gathering materials.
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If an employee has performance deficiencies, a supervisor shall give the employee a decision-making leave day for which the employee will be compensated.
- Before a decision-making leave day is given, a supervisor shall provide an employee with:
- a written summary of the employee's deficiencies,
- a copy of the employee's current job description,
- copy of the employee's most recent performance evaluation
- and a copy of DMC.
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- An Application for Leave form should be completed using DML category and is leave with pay. All normal signatures and input are required.
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During the leave, an employee shall decide whether he or she wishes to continue employment with the district, and if so, the employee must agree to take positive steps to correct past performance deficiencies.
- Immediately upon return from a decision-making leave day, the employee and supervisor must meet, discuss and document next steps.
- The documented steps should contain no vague or general comments, should use action words and should identify time and/or results requirements.
- The location HR office should be notified of actions.
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If an employee decides to continue employment, a reevaluation (probation) period with specific performance standards will be established by the supervisor after a conference with the employee for a period of no less than three months and no more than six months.
- A supervisor will hold periodic meetings with an employee during a reevaluation period, include the meeting schedule in the documentation and prepare an agenda.
- If an employee fails to meet performance standards at any time during a reevaluation period, the employee shall be terminated immediately.
- Before termination, a supervisor must consult with the district human resources director or designee and the location human resources director or equivalent position to ensure all procedures have been substantially followed.
- The supervisor shall complete the appropriate forms during this process.
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If an employee decides not to continue employment with the district, the employee shall submit a written resignation, effective within 10 working days, to the employee's supervisor.
If an employee fails or refuses at any time during the employee warning system process to agree to resolve the employee's performance deficiencies, the employee may be terminated immediately.
Suspension Without Notice
Suspension without notice may occur at any time during the employee warning system process. In cases involving serious misconduct, as illustrated below, an employee may be suspended without prior notice. All suspensions without notice must be reviewed by the district director of human resources or designee and the location human resources director or equivalent position before the suspension occurs. District Human Resources will provide assistance to the location in investigation related to suspension without notice. Upon confirmation by District Human Resources, the supervisor will confirm the actions in writing to the employee.
Grounds for suspension without notice may include, but are not limited to:
- Theft or unauthorized use of district property or theft of another employee's property or theft of a student's property.
- Falsification of district records that includes, but is not limited to, time sheets or time cards, leave forms, expense reports and employment records. This also includes "punching out" on another employee's time card or completing another employee's time sheet without a supervisor's permission.
- Possession of an illegal weapon on district property or property under district control.
- Possession of alcohol or illegal drugs without authority or being under the influence of alcohol or illegal drugs on district property or under district control or a violation of the applicable prohibitions in applicable law and policies in this manual.
- Insubordination or intentional neglect of job duties as illustrated by, but not limited to, sleeping on the job, and failure to perform job duties that result or may result in serious injury to people or property.
- Any criminal act, except a traffic offense, that occurs on district property or property under district control.
- Any act of sexual harassment except an isolated or unintentional act as described in DHA (regulation).
- Any violation of the computer use policy in CR (local).
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