FILE:  GBK

Cf:  GAK, GAMC, GBN

EMPLOYEE DISCIPLINE

St. Landry Parish School Board employees are expected to maintain the highest standards of personal conduct, integrity, and performance.  It is the responsibility of all administrators to ensure that all their subordinates understand and live up to these high standards.  The Superintendent and his/her designee shall possess the authority to discipline employees when an employee's behavior fails to meet the standards expected of all employees.  A principal shall have the authority to recommend to the Superintendent when appropriate that employees at the school in which he/she is employed should be disciplined.

To the extent possible, discipline of an employee should be progressive in nature such that penalties become increasingly harsh as similar or related conditions continue or infractions are repeated.  Such progressive discipline shall not, in any way, inhibit the Superintendent’s authority or, in the case of certain employees, the School Board’s authority, to discipline, suspend, or terminate an employee based on a single event.  Should any disciplinary measure become necessary, any documentation shall be considered confidential and treated in accordance with statutory provisions and School Board policy.

TEACHERS

Hearing procedures are statutorily required for certain disciplinary actions imposed against non-tenured and tenured teachers as defined below.  However, such procedures do not prevent the Superintendent and/or principal from taking other disciplinary measures which do not require a hearing, as he/she feels appropriate.

Definitions

For the purpose of this policy and any related policy:

Discipline and disciplinary action shall include only suspension without pay, reduction in pay, involuntary demotion, or dismissal.

Written notice shall be considered given when the notice is hand delivered to the teacher, or on the day it is delivered to the teacher by registered mail, certified mail, or a commercial courier.

Non-Tenured Teachers

The Superintendent may take disciplinary action against any non-tenured teacher but only after providing the non-tenured teacher with the written reasons therefor and seven (7) days to respond.  Thereafter, the Superintendent shall notify the non-tenured teacher in writing of his/her final decision.  The non-tenured teacher shall not be entitled to a hearing before a disciplinary hearing officer or the School Board.  However, within sixty (60) days of such notice, the teacher may seek summary review in district court to determine whether or not the Superintendent’s action was arbitrary or capricious.

Tenured Teachers

A tenured teacher shall not be disciplined except upon written and signed charges by the Superintendent or his/her designee of poor performance, willful neglect of duty, incompetency, dishonesty, immorality, or of being a member of or contributing to any group, organization, movement, or corporation that is by law or injunction prohibited from operating in the state of Louisiana, and then only if furnished with a copy of such written charges and given the opportunity to respond.

The tenured teacher shall have ten (10) calendar days from written notice of the charges to respond, in person or in writing.  Following review of the tenured teacher’s response, the Superintendent may take interim disciplinary action, which may include placing the tenured teacher on paid administrative leave.  If the teacher has been arrested for a violation of any of the following:  La. Rev. Stat. Ann. §§14:42 through 14:43.5, 14:80 through 14:81.5, any other sexual offense affecting minors, any of the crimes provided in La. Rev. Stat. Ann. §15:587.1, or any justified complaint of child abuse or neglect on file in the central registry pursuant to Children’s Code Article 615, the administrative leave shall be without pay.  Paid administrative leave shall not exceed fifty (50) days from notice of the Superintendent’s interim decision.

Within ten (10) calendar days after written notice of the interim disciplinary action or within ten (10) calendar days after receipt of the tenured teacher’s response if no interim disciplinary action is taken, a teacher may request a hearing before a disciplinary hearing officer.  If the tenured teacher fails to timely request a hearing, the disciplinary action shall become final.

Hearing Procedures

Upon request for a hearing, the Superintendent or his/her designee shall randomly appoint a hearing officer from the list of persons previously approved by the School Board as disciplinary hearing officers.  All hearing officers must be qualified to serve as a disciplinary hearing officer in accordance with state law. 

The hearing may be private or public, at the option of the teacher, and shall commence no sooner than ten (10) calendar days nor later than thirty (30) calendar days after receipt of the teacher's request for such hearing.  The disciplinary hearing officer shall have the power to issue subpoenas and shall conduct the hearing in accordance with the procedures adopted by the School Board.

The teacher shall have the right to appear before the disciplinary hearing officer with witnesses on his/her behalf and with counsel of his/her selection.  The disciplinary hearing officer shall hold a hearing and review to determine whether the interim decision of the Superintendent was arbitrary or capricious and shall either affirm or reverse the action of the Superintendent.  The disciplinary hearing officer shall notify the Superintendent and the teacher of his/her final determination, with written reasons, within ten (10) days from the date of the hearing.  If the Superintendent's disciplinary action is affirmed, it shall become effective upon the teacher's receipt of the decision of the disciplinary hearing officer.  If the Superintendent's disciplinary action is reversed, the teacher shall be restored to duty.

Within sixty (60) days from the postmarked date of such written notification of the decision of the disciplinary hearing officer, the School Board or the teacher may petition a court of competent jurisdiction to review the matter as a summary proceeding.

The time periods contained above may be extended by mutual agreement of the parties.

BUS OPERATORS/CONTRACT APPOINTEES

The Superintendent shall have the authority to discipline tenured bus operators and persons employed on performance contracts, including suspension with or without pay, when circumstances necessitate immediate action.  If sufficient grounds for suspension without pay are subsequently not found to exist by the School Board or Superintendent, the bus operator or contract appointee shall be reimbursed for any loss of compensation.

NON-TENURED EMPLOYEES

The Superintendent shall have the authority to discipline, including suspension, any non-tenured, non-contract employee with or without pay, when circumstances warrant such action.

Ref:    La. Rev. Stat. Ann. §§13:3204, 17:81, 17:81.8, 17:443

Reed v. Orleans Parish School Board, April 30, 1945, 21 So.2d 895

Frazier v. East Baton Rouge Parish School Board, App. 1 Cir. 1961, 128 So.2d 250

Board minutes, 10-4-07, 11-1-12, 9-4-14, 4-4-19

St. Landry Parish School Board