Policy 7030 Implementation Procedures - Employee Conduct and Discipline

Immodest, lewd, obscene conduct or language that renders the employee unfit for the performance of his/her duties

Inducing students or others to participate in, or commit an act or acts, which are immodest, indecent, or obscene

Conduct contributing to the delinquency of a minor

Child abuse or neglect

Criminal conduct

Violent behavior

Conduct negatively affecting an employee’s fitness to perform their duties, including serving as a role model for students.

Knowingly failing to report suspected child abuse

Sexual harassment (Policy 1020 Sexual Harassment)

Intimidation of students, employees, or citizens at large, including the use of racial slurs and/or other derogatory remarks

Bullying, cyberbullying, or harassment of students, employees, or citizens at large (Policy 1060 Bullying, Cyberbullying, Harassment, or Intimidation)

Theft and misuse or negligent treatment of Board of Education property

Disclosing confidential information to unauthorized persons

Inappropriate relationships with students or parents, such as romantic, emotional, and sexual grooming or interactions

Dating and/or having a sexual relationship with a student

Inappropriate/unprofessional conduct toward or relations with other persons

Abuse of alcohol and other controlled dangerous substances and possession and use of illegal drugs and controlled dangerous substances (Policy 7040 Alcohol and Other Noncontrolled Substance Abuse by Employees and Policy7050 Drug Use by Employees: Illegal Drugs, Drug Paraphernalia, and Controlled Substances)

Falsifying of any school record, report, or school system document

Financial irregularities (e.g., fraud, embezzlement, bribery, kickbacks, forgery, etc.)

Violation of ethics standards and/or regulations (Policy 2070 Ethics)

Disorderly conduct on school property or while on duty to include fighting, threatening, and/or attempting to inflict bodily harm on another person

Possession of firearms or other weapons on Board of Education property

Inappropriate use of email, internet, or other electronic communication

Violation of student data governance and privacy standards (Policy 3060 Student Data Governance and Privacy).

Failure to perform all work and duties assigned by a supervisor/administrator in charge

Failure to follow the written or verbal instruction of a supervisor/administrator.

Failing to complete work assignments

Performing work assignments in an inappropriate or unsatisfactory manner.

Unexcused absences

Excessive tardiness

Unauthorized absence or misuse of leave

Failure to follow specified courses of study adopted by the Board of Education

Failure to follow policies adopted by the Board of Education and HCPSS implementation procedures.

It may be necessary for administrators conducting an investigation to make credibility determinations regarding alleged victims, wrong doers, and witnesses.

It is legal for an administrator to base a discipline decision upon a belief that a particular individual is being truthful or not. Accordingly, if the individuals have different versions, and if the administrator finds one individual to be more credible than the other, the administrator may take action and impose discipline.

Any employee will receive due process before the imposition of any discipline.

In most cases, a due process meeting with the employee should be conducted at the end of an investigation. This allows the investigating administrator to review and use all of the information, evidence, documents, etc., obtained during the investigation, enabling the administrator to conduct a better interview and to more accurately assess the employee’s responses. It also ensures that the administrator will be able to provide the employee with the opportunity to respond to all the allegations that arose during the investigation.

If the due process interview is held before the end of the investigation, the administrator will re-interview the employee prior to taking disciplinary action if any new allegations arise after the previous interview. During this meeting the employee will be given the opportunity to respond to the new allegations.

Following the due process meeting, the administrator will review the case to determine next steps. These steps may include:

The employee will receive timely notice of next steps. If a disciplinary decision is issued, the employee will receive written notice of the decision along with any appeal rights. The written notice will be copied to the employee’s personnel file and to supervising administrators who have a need to know.

The Chief of School Management and Instructional Leadership or Community Superintendent is responsible for addressing discipline issues involving a principal.

The Chief of School Management and Instructional Leadership or Community Superintendent has authority to place a principal on administrative leave with pay, with notification to the Superintendent/designee.

Principals may only be suspended without pay or terminated upon recommendation by the Superintendent and approval by the Board.

If the Superintendent recommends suspension without pay or termination, the Board will provide the employee written notification of the charges and will give the employee an opportunity to request a hearing within ten days, in accordance with the Annotated Code of Maryland, Education Article, Section 6-202.

The principal is responsible for addressing discipline issues involving an assistant principal and will inform the Chief of School Management and Instructional Leadership or Community Superintendent of all disciplinary actions concerning an assistant principal.

The Chief of School Management and Instructional Leadership or Community Superintendent has authority to place an assistant principal on administrative leave with pay, with notification to the Superintendent/designee.

If suspension without pay or termination is to be imposed, the discipline procedures outlined in Section IV.A.3.-4. for principals, will be applied.

School-based administrators will respond to all incidents or alleged incidents of misconduct by either investigating and taking disciplinary action, or by conferring with the Chief of School Management and Instructional Leadership or Community Superintendent, based on the incident and type of discipline appropriate to the circumstances.

School-based administrators are responsible for:

School-based certificated employees may only be placed on administrative leave with pay by the Chief of School Management and Instructional Leadership or Community Superintendent.

If suspension without pay or termination is to be imposed, the discipline procedures outlined in Section IV.A.4. for principals will be applied.

The employee’s immediate supervisor is responsible for addressing discipline issues involving a HCPSS Department of Education certificated employee.

The Superintendent/designee has the authority to place a certificated HCPSS Department of Education employee on administrative leave with pay.

If suspension without pay or termination is to be imposed, the discipline procedures outlined in Section IV.C.3.-4. for school-based certificated employees will be applied.

Discipline/administrative leave authority for school-based support employees is outlined in Appendix A.

A school-based support employee may appeal a disciplinary decision issued under this section by submitting a written notice to the Superintendent/designee. This notice must be received by the Superintendent/designee within ten calendar days of the date of the discipline decision.

Discipline/administrative leave authority for non-school based support employees is outlined in Appendix B.

A non-school based employee may appeal a disciplinary decision issued under this section by submitting a written notice to the Superintendent/designee. This notice must be received by the Superintendent/designee within ten calendar days of the date of the discipline decision.

Immediate supervisors are responsible for addressing discipline issues involving a member of the Administrative, Management, and Technical (AMT) employee group.

The supervisor has authority to place a member of the AMT employee group on administrative leave with pay.

A suspension without pay or termination will only be issued by the Superintendent/designee.

An employee may appeal a disciplinary decision issued under this section by submitting a written notice to the Superintendent/designee. This notice must be received within ten calendar days of the date of the disciplinary decision.

An employee, if dissatisfied with the decision from the Superintendent/designee, may appeal to the Board by submitting a written notice to the Board. This notice must be received in the Board Office within 30 calendar days from the date of the Superintendent/designee’s decision.

The supervisor will make a determination if the presenting issue is physical or psychological. If the presenting issue is physical in nature they will contact the Office of Human Resources. If the presenting issue is psychological in nature, they will contact the Office of Staff Relations. The offices will collaborate in instances where the nature of the presenting problem is difficult to ascertain. All information submitted and/or received will be confidential. The supervisor will receive final determinations from these evaluations and will not receive specific information resulting from any physical and/or psychological examinations.

The Office of Human Resources will forward the Fitness for Duty Evaluation Request Form to the supervisor.

The supervisor will complete and submit the completed Fitness for Duty Evaluation Request Form and any other supporting documentation to the Office of Human Resources.

The Office of Human Resources will review the request to determine whether there is sufficient evidence to warrant a Fitness for Duty Evaluation.

If the request is determined to warrant a Fitness for Duty Evaluation, the Office of Human Resources will schedule the appointment with the appropriate medical provider, write a letter of notification to the employee, and send the letter to the employee’s supervisor.

The appropriate supervisor will meet with the employee, review the letter, and explain the reason(s) for the request.

The employee may be placed on paid administrative leave pending an evaluation.

The Fitness for Duty Evaluation will be paid at the HCPSS expense.

An employee who has been scheduled for an appointment by the Office of Human Resources for a Fitness for Duty Evaluation, is expected to fully cooperate with the HCPSS approved medical provider.

If the employee is unable to attend the Fitness for Duty Evaluation as scheduled, they must notify the Office of Human Resources, in writing, at least 48 hours before the appointment. An appointment will only be rescheduled if there is a credible reason that can be supported by relevant documentation.

At the recommendation of the medical provider, the employee may be required to participate in further evaluation of the employee’s capacity to perform the essential job functions and/or additional treatment.

An employee’s failure to attend and/or fully cooperate and comply with any aspect of the Fitness for Duty process may result in disciplinary actions up to and including separation from employment.

The medical provider will provide results to the authorized individual in the Office of Human Resources or Office of Staff Relations.

The authorized individual will communicate to the employee and the appropriate supervisor if the employee is:

A Fit for Duty evaluation does not preclude the employee from any disciplinary actions that may also be appropriate.

Consideration will be given to whether, per the examination report, the employee has a qualified disability in accordance with the Americans with Disabilities Act, and is capable of performing the essential functions of his or her position with reasonable accommodations.

If an employee is deemed able to return to work by the HCPSS medical provider, full duty or with restrictions, the employee will be notified in writing by the Office of Human Resources.

If an employee returns to work with conditions, medical documentation may be necessary for the employee to be released from all restrictions from those conditions.

If an employee is deemed unable to return to work by the medical provider, an options meeting will be scheduled with the Office of Staff Relations.

The employee will be placed on an appropriate leave in accordance with any Family Medical Leave Act (FMLA) and/or general leave in accordance with the applicable master agreement and/or state, local and federal laws.