Knowledge

Academic and Classified Evaluation and Discipline for Community College Districts

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Discipline in the employment context refers to formal adverse action taken by management against an employee in response to an employee's misconduct or performance issues. The range of disciplinary actions generally includes oral and written reprimands,  suspension, demotion, and dismissal.  Discipline has traditionally been viewed as the chief means by which management maintains order in the workplace.

However, it is important to view "discipline" in a broader and more contemporary context.  In actuality, discipline should be part of an overall appraisal system designed to maximize employee performance. Employees have been shown to perform optimally when they receive regular and positive reinforcement for their good work and when they are alerted, as early as possible (and, if possible, through non-disciplinary means), to their performance deficiencies.

Thus, "disciplinary" procedures and policies should be developed and applied as one component of a comprehensive approach to maximizing employee performance that includes:

  • Regular performance evaluation and appraisal of employees;
  • Appropriate recognition and rewards for jobs well done;
  • Consideration of appropriate training and educational vehicles for improving performance and enabling promotion as appropriate; and
  • Consideration of appropriate counseling and punitive actions when indicated by substandard job performance or misconduct.

The focus of this workshop is on two of the most critical phases of this process—employee evaluation, and when necessary and appropriate, employee discipline.

Topics Include:

Overarching Principles of Evaluations

  • Overview of the Evaluation Process
  • The Ongoing Evaluation System:  Gathering the Facts
  • Constructive Feedback
  • How to Prepare an Effective Written Evaluation
  • The Face-to-Face Evaluation Meeting

Evaluation of Academic Employees

Evaluation of Administrators

Evaluation of Classified Employees in Districts Without a Merit System

Evaluation of Classified Employees Under the Merit System

General Principles Governing Discipline

  • Frequent Disciplinary Problems
  • Checklist of Sources of Disciplinary Grounds
  • “Good Cause” Checklist
  • Investigate! - Factual Basis for Discipline Must Be Verifiable
  • Checklist for Analyzing Discipline Problems           
  • Time of Disciplinary Action
  • Progressive Discipline
  • Progressive Discipline Checklist

Academic Employees – Non-Renewal and Discipline

  • Non-Renewal of Contract Faculty Members
  • Discipline of Academic Employees for Cause
  • Release of Temporary Faculty Members

Discipline of Administrators

Discipline of Classified Employees Not Under Merit System

  • Cause for Discipline
  • Statutory Grounds for Dismissal
  • Procedures for Implementing Discipline
  • Remedies for Failure to Provide Pre-Discipline Due Process
  • The Liberty Interest (“Lubey”) Requirements
  • Issuance of Notice of Final Discipline
  • Post-Disciplinary Appeal Hearing
  • Judicial Review

Discipline of Classified Employees Under Merit System

  • Cause for Discipline
  • Suspension, Demotion or Dismissal
  • Compulsory Leave of Absence – Sex Offenses and Controlled Substance Offenses
  • Appeal of Suspension, Demotion or Dismissal
  • Probationary Period

Legal Considerations

  • Placement of Documents in Personnel File
  • First Amendment Rights
  • Discrimination            
  • Discrimination for Workers’ Compensation Claim or Injury
  • Retaliation for Engaging in “Protected Activity”
  • Whistleblower Retaliation Claims
  • Accommodation for Disability
  • Invasion of Privacy

Judicial Decisions Concerning Employee Discipline

  • Whistleblower Cases
  • Controlled Substance Offenses
  • First Amendment (Employee Speech)
  • Invasion of Privacy/Off-Duty Misconduct
  • Last Chance Agreement
  • Lubey Interest
  • Retaliation
  • Sexual Offenses
Contact Us

General Inquiries

info@lcwlegal.com

Contact a Specific Office

Our Locations

Media Inquiries

Please contact Cynthia Weldon, Director of Marketing & Training, 800.981.2000.

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