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5281 - Disciplinary Action and Discharge

Staff who fail to fulfill their job responsibilities or follow the reasonable directions of their supervisors or who conduct themselves on or off the job in ways that significantly affect their efficacy or otherwise act in such a way that the law determines to be just cause will be subject to discipline. Behavior, conduct, or action which may institute disciplinary action or discharge may include, but not be limited to:

Non-compliance with bargaining agreements, non-compliance with District Regulation(s) and procedures, insubordination, gross incompetence, immorality, sexual misconduct, intentional discrimination, conviction of a felony, non- professional conduct, theft, dishonesty or unauthorized use of District facilities or property including records and confidential information, mental or physical inability to perform the duties for which employed, use of alcohol in a manner that interferes with job, vulgar speech or actions, illegal use of drugs, use of alcoholic beverages on school premises or at District sponsored activity off of school premises, use of habit-forming drugs without pharmaceutical prescription by a doctor of medicine licensed to practice in the state of Washington, falsification of time sheets or personnel records, impairment of function of work unit or disruptive conduct, repeated tardiness or unauthorized absence(s), or unauthorized use of District supplies and equipment for personal betterment or financial gain.

Discipline will be reasonably appropriate to the circumstances but may include suspension or discharge. Discharge or other adverse action affecting the contract status of certificated staff shall be instituted in the manner prescribed by law.

The District will not request, require or otherwise compel or coerce an employee to:

  1. Disclose login information for the employee’s personal social networking account; or
  2. Access their personal social networking account in the presence of a supervisor or other District employee; or
  3. Add a District supervisor or employee to the account’s list of contacts or
  4. Alter the settings on the employee’s personal social networking account to affect a third party’s ability to view it. 

The District may not take adverse action against an employee for refusal to comply with any of the above actions. However, the District may request or require the employee to share content from his or her personal social networking account if:

  1. The District requests the content to make a factual determination during the course of an investigation; and
  2. The District undertakes an investigation regarding the employee’s activity on his/her personal social networking account; and
  3. The purpose of the investigation is to ensure compliance with all governing authority or investigate an unauthorized transfer of District proprietary information, confidential information or financial data to the personal social networking account; and
  4. The employer does not request or require the employee to provide his/her login information unless to access an account or service provided by the virtue of the employment relationship or to access an electronic communications device or online account paid for or supplied by the employer.

The Superintendent or Superintendent's designee(s) are authorized to suspend the staff member immediately. The staff member has the right to hear the basis for discipline and respond, and be represented by counsel.

Adopted:

9/24/1987

Last Revised:

1/1/2016

Cross References:

Regulation:

  • RCW 28A.400.300 Hiring and discharge of employees
  • 28A.405.300 Adverse change in contract status of certificated employee
  • 28A.58.455 Adverse change in contract status of certificated employee including non-renewal of contract
  • 49.44.200 Personal social networking accounts – Restrictions on employer access – Definitions
  • WAC 180-44-060 Drugs and alcohol — Use of as cause for dismissal
  • WAC 181-86 Policies and procedures for administration of certification proceedings
  • WAC 181-87 Acts of Unprofessional Conduct