MARSHALL INDEPENDENT SCHOOL DISTRICT PROGRESSIVE DISCIPLINE MANUAL. For all Non-Professional At-Will Employees

Transcription

1 MARSHALL INDEPENDENT SCHOOL DISTRICT PROGRESSIVE DISCIPLINE MANUAL For all Non-Professional At-Will Employees Department of Human Resources Updated July 2012

2 Table of Contents Introduction 3 Progressive Discipline Defined 3 Scope of Progressive Discipline 3 The Five Basic Principles of Progressive Discipline 4 Key Points in Employee Counseling 4 Discipline Groups 5 Discipline Group Table 6 Documentation 6 Positive Counseling 6 Supervisory Log 7 Verbal Warning Violations 8 The Verbal Warning 8 The Verbal Warning Form 9 Written Warning Violations 10 The Written Warning 10 The Written Warning Form 11 Decision Making Suspension Violations 12 Decision Making Suspension 13 Decision Making Suspension Form 14 Termination Violations 15 Termination 16 Termination Request Form 17

3 Introduction This manual is neither a contract nor a substitute for official District policy. It is not intended to alter the at-will status of employees in any way. Rather, it is a guide to a brief explanation of District policies and procedures related to employment. District policies and procedures can change at any time. For more information, employees may refer to the policy or codes, confer with their supervisor, or call the appropriate District office. The progressive discipline procedures apply to all non-professional at-will employees of the District. These are employees who complete timesheets, or use Skyward, and receive pay for working overtime. Progressive discipline subjects an employee to more severe discipline where standards of conduct or performance continue to be violated. The progressive steps consist of an oral warning, written warning, suspension, and termination. Any non-professional at-will employee may be terminated for any legally permissible reason, and the District may skip or change any progressive step, or group in the discipline policy, as deemed necessary. Progressive Disciplined Defined Progressive discipline is: > a tool that will help encourage an employee to modify behavior or performance to acceptable standards. > a tool that provides the District with a uniform model to address employee counseling, discipline, and documentation. Progressive discipline is not: > a tool to harass, intimidate, or punish the employee. > a method to force the employee to resign, but to encourage the employee to correct job performance concerns and/or behavioral deficiencies. Scope of Progressive Discipline The progressive discipline policy is only applicable to the District's non-professional at-will employees. Listed below are some examples of non-professional at-will positions: > Paraprofessionals > Auxiliary > Employees who receive Letters of Reasonable Assurance rather than a contract Although the progressive discipline policy applies to the non-professional at-will employee, the District reserves the right to alter or eliminate the Progressive Discipline Policy as circumstances may warrant. PROGRESSIVE DISCIPLINE MANUAL 3

4 The Five Basic Principles of Progressive Discipline The five basic principles are the foundation for progressive discipline. 1. Focus on the situation, issue, behavior, not the person Blaming people does not solve problems. Focusing on the situation, issue, or behavior will help you remain objective when faced with challenges. You will solve problems more effectively, make better decisions, and maintain constructive relationships with co-workers when you look at the big picture and consider another's point of view with an open mind. 2. Promote the self-confidence and self-esteem of others Contributing fully is easier in an atmosphere of acceptance and approval. When people feel free to express their ideas without fear of ridicule or personal criticism, they are more willing to take risks and stretch their capabilities. By showing respect for others and recognizing the contributions of co-workers, you give people the self-confidence to share their ideas openly and ask for feedback, as well as help in expanding their knowledge and skills on the job. 3. Maintain constructive relationships The best work comes about when co-workers support one another's efforts. This does not mean that you need to be "close friends" with everyone with whom you work. However, work interactions will go smoother if you approach everyone with a positive attitude and communicate support and confidence in the other person's ability. By sharing information, acknowledging problems, and sorting out conflicts early, you create strong relationships based on mutual trust and respect. 4. Take initiative to make things better By surveying your own area and finding improvement opportunities, you not only increase the organization's chances for success but also increase your personal satisfaction by taking control of your work and creating improvement. Initiative follows naturally when you stay informed and alert to changes, focus on ways to avoid similar problems in the future, and expect to find solutions to problems. 5. Lead by example As organizations face new challenges, everyone is expected to be a leader. Being a good leader means setting a good example. Modeling the kind of behavior you want to see in others is the surest way to influence them. By actively honoring your commitments, admitting your mistakes, and staying receptive to new ideas, you will motivate others to do the same. Key Points in Employee Counseling 1. Counsel the employee as soon as possible after the violation. The longer the supervisor waits to counsel the employee, the greater the possibility of the employee, or other employees, repeating the same violation. 2. Hold the discussion in private. Holding the meeting in private is essential. It reduces the chances of possible distractions, interruptions, and embarrassment. The idea of progressive discipline is to encourage, not shame, the employee into appropriate behavior. PROGRESSIVE DISCIPLINE MANUAL 4

5 3. Talk to the employee in a low key manner. Raising your voice, talking down to the employee, or becoming upset, only puts the employee on the defensive. Maintaining a low key manner, the employee may be more open to your comments and provide feedback. 4. Follow the steps below when counseling an employee: i. Clearly state the specific behavior or performance issue that must be addressed. ii. iii. iv. Clearly state in specific terms what is now expected from the employee. The employee must know and understand the problem, and the supervisor must give the employee a clear idea of what conduct or performance will be expected in the future. State your confidence in the employee's ability to correct the problem. Before the counseling is over, schedule a follow-up meeting for you and the employee to discuss what improvements have been made. If the employee has made any type of improvement, be sure to make a point of it and reemphasize your confidence in the employee's ability to provide productive service to the District. Discipline Groups All behavior or performance issues that warrant a formal level of discipline will fall within one of three discipline groups. The groups are numbered One through Three. The discipline steps used will be based on the severity of the violations. Group One Violations Group One violations are minor in nature and cause little disruption in the work place. The progression of discipline in Group One is as follows: > Verbal Warning > Written Warning > Decision Making Suspension > Termination Group Two Violations Group Two violations are serious in nature and cause some disruption in the work place. The progression of discipline in Group Two is as follows: > Decision-Making Suspension > Termination Group Three Violations Group Three violations are very serious in nature and cause substantial disruption in the work place. The progression of discipline in Group Three is as follows: > Termination or Decision-Making Suspension > Termination * Termination is usually the result of a Group Three violation, but if the circumstances are extraordinary, a suspension may be given instead of termination. PROGRESSIVE DISCIPLINE MANUAL 5

6 Discipline Group Table Below is a table showing which discipline step to use under the various discipline groups. Group One Group Two Group Three First Violation Verbal Warning Suspension Termination or Suspension Second Violation Written Warning Termination Termination Third Violation Fourth Violation Suspension Termination Documentation "If it was not documented, it did not happen." > Documentation allows the supervisor to keep track of each employee, and know on which level of discipline the employee may be. > Documentation provides the District with an employee's work history. > If there is a need for proof that the employee was terminated for legally permissible reasons, the documentation will be valuable in handling unemployment claims, and other situations. Positive Counseling Positive Counseling should be used when the behavior or performance issue is not serious enough to warrant a formal step of discipline. Keep in mind that repeat violations of the same minor violation will warrant a formal step of discipline. For this reason, it is necessary to record positive counseling in the Supervisory Log. See form on page 7. Listed below are key points to cover when counseling an employee: > State in clear and specific terms the behavior or performance issue. > State what is expected of the employee. > Make the employee aware that you are confident in his/her ability to resolve the issue without the need of any further action. Let the employee know that failure to resolve the problem will result in formal discipline. > Make a record of the event in the Supervisory Log. A supervisory log should be maintained on each employee and should not include information regarding actions by other employees. > Schedule a follow-up meeting with the employee to recognize improvement or re-address performance concerns. PROGRESSIVE DISCIPLINE MANUAL 6

7 Supervisory Log The Supervisory Log allows the supervisor a quick reference to see the progressive status of an employee. A separate log should be maintained on each employee. Without the Supervisory Log, it would be difficult for a supervisor to properly implement Progressive Discipline. Marshall Independent School District Non-Professional At-Will Employee Supervisory Log Employee Name: Position/Campus: Enter the date, the code for the action taken, and the reason for the action. PC- Personal Counseling VW-Verbal Warning WW- Written Warning S - Decision Making Suspension T - Termination Supervisor Date Action Reason PROGRESSIVE DISCIPLINE MANUAL 7

8 Verbal Warning Violations (Group One) As discussed earlier, the verbal warning is given when a Group One violation has occurred. Below is a partial list of Group One violations: > Failure to call in an absence within the necessary/approved timeframe > Chronic tardiness > Failure to attend scheduled or called meetings > Mischief, horseplay, wrestling, or other misconduct > Unnecessary shouting or disruption in the work area > Careless or inefficient use of District property > Failure to follow safety rules or procedures > Failure to work cooperatively with other employees > Failure to wear passenger restraint while traveling in a motor vehicle on District business > Using District scheduled work time to engage in social media activity; see District policies CQ (LOCAL) and DH (LOCAL) > Choosing to have pay docked in lieu of using available leave when absent > Failure to return to work after unpaid personal leave expires > Failure to provide medical certification when returning from leave The Verbal Warning Below is a checklist for the verbal warning: > Inform the employee this is a verbal warning and the reason for the warning. > Explain in specific and clear terms the behavior or performance issue. > Clearly explain what behavior or performance issues need to be corrected. > Inform the employee of the consequences if the behavior is not corrected (e.g., written warning). > Express your confidence in the employee's ability to correct the issue without further disciplinary action. > Complete the Verbal Warning Form and have it signed by both you and the employee. See form on page 9. > Give the employee a copy of the Verbal Warning Form and keep a copy for your records. > Schedule a follow-up meeting with the employee to recognize improvements or re-address performance issues. > Make a record of the event in the Supervisory Log. > Maintain a Supervisory Log on each employee. PROGRESSIVE DISCIPLINE MANUAL 8

9 The Verbal Warning Form Date: Marshall Independent School District Non-Professional At-Will Employee Verbal Warning Form Employee Name: Position/Campus: Supervisor: Statement of conduct or performance concern: Statement of expected performance: Any explanation by the employee or other significant information: By signing this form, the employee is not asked to agree or disagree with the form, but is only verifying that he/she was given a copy of this document. Employee Signature: Date: Employee was asked to sign this form on but declined to sign. Witness Signature: Date: (if employee declines to sign above) Supervisor Signature: Date: Director/Principal Signature: Date: Copy to supervisor's file on employee Copy to employee PROGRESSIVE DISCIPLINE MANUAL 9

10 Written Warning Violations (Group One) The written warning violations are the same as the verbal warning violations, except they are repeated violations. Listed below is a partial list of repeat violations that warrant a written violation. > Failure to call in an absence within the necessary/approved timeframe > Chronic tardiness > Failure to attend scheduled or called meetings > Mischief, horseplay, wrestling, or other misconduct > Unnecessary shouting or disruption in the work area > Careless or inefficient use of District property > Failure to follow safety rules or procedures > Failure to work cooperatively with other employees > Failure to wear passenger restraint while traveling in a motor vehicle on District business > Using District scheduled work time to engage in social media activity; see CQ (LOCAL) and DH (LOCAL) > Choosing to have pay docked in lieu of using available leave when absent > Failure to return to work after unpaid personal leave expires > Failure to provide medical certification when returning from leave The Written Warning The content of the written warning is similar to the verbal warning, except there is more emphasis placed on the need for the employee to correct the conduct. Below is a checklist for the written warning: > Gather all the proper documentation regarding the employee's action(s). > Contact your supervisor for approval. > Inform the employee that he/she is receiving a written warning. > Explain in specific and clear terms the behavior or performance issue. > Clearly explain what behavior or performance issues need to be corrected. > Inform the employee of the consequences if the behavior is not corrected (i.e., suspension). > Express your confidence in the employee's ability to correct the issue without further disciplinary action. > Complete the Written Warning Form. See form on page 11. Ensure that you (the supervisor) and the employee sign the Written Warning Form. > Forward the signed original Written Warning Form to the Human Resources Department for the personnel file. > Give the employee a copy of the Written Warning Form and keep a copy for your records. Make a record of the event in the Supervisory Log. > Schedule a follow-up meeting with the employee to recognize improvements or re-address performance issues. > Maintain a Supervisory Log on each employee. PROGRESSIVE DISCIPLINE MANUAL 10

11 The Written Warning Form Date: Marshall Independent School District Non-Professional At-Will Employee Written Warning Form Employee Name: Position/Campus: Supervisor: Statement of conduct or performance concern: Statement of expected performance: Any explanation by the employee or other significant information: By signing this form, the employee is not asked to agree or disagree with the form, but is only verifying that he/she was given a copy of this document. Employee Signature: Date: Employee was asked to sign this form on but declined to sign. Witness Signature: Date: (if employee declines to sign above) Supervisor Signature: Date: Director/Principal Signature: Date: Original to employee's personnel file in the Human Resources Department Copy to supervisor's file on employee Copy to employee PROGRESSIVE DISCIPLINE MANUAL 11

12 Decision Making Suspension Violations (Group Two) Below is a partial list of violations that will result in suspension: > Refusing to perform assigned work, or comply with written or verbal instructions or directives of a supervisor > Disorderly conduct toward anyone > Discourteous treatment of members of the public, students, or other employee. > Reporting for work, or working while unfit for duty, which includes inappropriate mental and/or physical condition and physical appearance. > Using tobacco products on District premises, in District vehicles, or at school or school related activities. > Creating a hostile work place > Sleeping during work hours > Disregarding District rules, regulations, policies, or procedures > Failure to report equipment that is malfunctioning, damaged, or defective > Negligence resulting in damage to a District vehicle, equipment, or a person, while on District business > Using profane or abusive language > Mischief, horseplay, wrestling, or other misconduct > Excessive absences > Soliciting money > Causing harm to students or other employees > Contributing to an unsafe environment for students or other employees > Speeding, or other traffic violations, while operating a District motor vehicle > Unsatisfactory or incomplete work, or failing to maintain required standards of performance > Failure to complete work or job tasks in a timely manner or as scheduled > Using District resources to access personal social media platforms of students or other staff > Using personal electronic communication devices to send or receive calls, text messages, picture messages, or video messages during scheduled work hours unless there is an emergency, or the use is authorized by a supervisor to conduct District business. An emergency shall be defined as a circumstance that is threatening to one's life or safety that warrants immediate action. > Leaving assigned work area without authorization > Staying late or leaving early without following proper procedures PROGRESSIVE DISCIPLINE MANUAL 12

13 Decision Making Suspension A decision making suspension may be rendered if the employee did not correct a performance concern after receiving a written warning, or if the concern falls under a Group Two or higher violation. Decision making suspension is a time when the employee is initially sent home with pay. Once the Human Resources Department approves the suspension, the duration of the suspension is to be without pay. During this timeframe, the employee shall reflect on the reasons for the suspension and decide whether or not they are willing to return to work and correct the behavior or performance issue at the time/date identified by the supervisor or the Human Resources Department. Below is a check list for Decision Making Suspension: > Gather all the proper documentation regarding the employee's action(s), including the Supervisory Log, the Verbal Warning and the Written Warning. > Contact your supervisor for approval in advance of meeting with the employee. > Complete the Decision Making Suspension Form. See form on page 14. > Send the documentation, along with the Decision Making Suspension Form, to the Human Resources Department for approval. > Upon approval from the Human Resources Department, inform the employee of the suspension. > Tell the employee in specific and clear terms why he/she is being suspended. > Explain to the employee what behavior must be changed upon return. > Tell the employee that during the suspension, he/she cannot be on District property or attend District sponsored events without approval from the Human Resources Department. > Tell the employee he/she will face termination if the behavior is not corrected. > Express your confidence in the employee's ability to correct the behavior. > Ensure that you (the supervisor) and employee both sign and date the Suspension Form. > Forward the signed original Suspension Form to the Human Resources Department. > Give the employee a copy of the Decision Making Suspension Form and keep a copy for your records. > Make a record of the event in the Supervisory Log. > Schedule a follow-up meeting with the employee upon return to work to discuss what decisions have been made regarding their behavior. PROGRESSIVE DISCIPLINE MANUAL 13

14 D e c i s i o n M a k i n g S u s p e n s i o n F o r m Marshall Independent School District Non-Professional At-Will Employee Decision Making Suspension Form Date: Employee Name Position/Campus: Supervisor: Length of suspension: ( days Date(s) Reason for suspension: Expected conduct or performance when employee returns: As a condition of the suspension, the suspended employee is not allowed on District property, or at any District sponsored events during the duration of the suspension unless otherwise approved by the Human Resources Department. By signing this form, the employee is not asked to agree or disagree with the form, but is only verifying that he/she was given a copy of this document. Employee Signature: Date: Employee was asked to sign this suspension form on but declined to sign. Witness Signature: Date: (if employee declines to sign above) Supervisor Signature: Date: Director/Principal Signature: Date: Human Resources Approval: Date: Original to employee's personnel file in the Human Resources Department Copy to supervisor's file on employee Copy to employee PROGRESSIVE DISCIPLINE MANUAL 14

15 Termination Violations (Group Three) Below is a partial list of violations that will result in termination of the employee: > Engaging in prohibited harassment, including sexual harassment > Failure to maintain required licenses or registration > Possessing a firearm or weapon on District property > Insubordination by refusing to perform assigned work or comply with written or verbal instructions of supervisor > Wanton or willful neglect of duties > Failure to request a leave of absence for days missed or violation of any of Leave Policy DEC (LOCAL/LEGAL) > Instigating or participating in any illegal walkout, strike, or sit-down > Gambling during work hours > Fighting or attempting to injure other employees, students, supervisors, or the public > Stealing, destroying, damaging, or concealing property of the District or another employee Dishonesty, or dishonest action, such as theft, pilfering, opening desks assigned to others, inaccurate timekeeping outside of actual work hours, making false statements, etc. > Giving a false statement or incomplete information during an investigation > Use of abusive or threatening language toward a supervisor or anyone else > Causing harm to students, other employees, or supervisors > Manufacturing, distributing, dispensing, possessing, using, or being under the influence of any of the following substances during work hours, or at school-related activities during or outside of usual working hours: 1) controlled substances or dangerous drugs as defined by law; 2) alcohol or any alcoholic beverages; 3) inhalable chemicals, including but not limited to, abusable glue and aerosol paint; and 4) intoxicants, or mood-changing, mind-altering, or behavior-altering drugs. An employee need not be legally intoxicated to be considered "under the influence" > Failure to return to work after unpaid personal leave has expired > Failure to provide a medical certification when returning from leave > Falsifying District documents PROGRESSIVE DISCIPLINE MANUAL 15

16 Termination Termination may result if the employee fails to correct the problem after proceeding through the steps of progressive discipline, or committing a violation that requires immediate termination. Regardless of the reason for termination, the main focus at this point is not the counseling of the employee, but following proper procedures. Below is a checklist for termination: > Gather all the proper documentation regarding the employee's action(s), including the Supervisory Log, the Verbal Warning, the Written Warning, and the Suspension Forms. > Contact your supervisor for approval in advance of proceeding to Human Resources. > Complete the Termination Request Form. See form on page 17. > Send the documentation, along with the Termination Request Form, to the Human Resources Department for approval. > Upon approval from the Human Resources Department, inform the employee of the termination. Do not meet with the employee alone when terminating. Include another supervisor, or the Executive Director of Human Resources. > Forward the signed original Termination Form to the Human Resources Department. Assure that the Human Resources Department is aware of the termination date, so the employee will not be overpaid. Ensure that an Employee Exit Form is completed at the time of the termination and forwarded to the Human Resources Department. > Give the employee a copy of the Termination Form and keep a copy for your records. PROGRESSIVE DISCIPLINE MANUAL 16

17 Termination Request Form Date: Employee Name: Position/Campus: Supervisor: Reason for termination: Marshall Independent School District Non-Professional At-Will Employee Termination Request Form Note: Prior to terminating an employee, approval must be gained by the Human Resources Department. Supervisor Signature: Date: Director/Principal Signature: Date: Human Resources Approval: Date: Original to employee's personnel file in the Human Resources Department Copy to supervisor's file on employee Copy to employee PROGRESSIVE DISCIPLINE MANUAL 17