2.A.100 Professional Staff Progressive Disc.

Human Resources

 

Administrative Procedure: Professional Staff Progressive Discipline

 

EFFECTIVE DATE:

November 9, 2005

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ADMINISTRATIVE PROCEDURE CODE:

2.A.100

AMENDED DATE:

August, 2017

Policy Reference

 

Legal Reference

 

 

 













The Border Land School Division Board of Trustees believes delegates the Superintendent to act as its agent and have the authority to take disciplinary action as warranted.  The BLSD Board of Trustees believes that the practice of
progressive discipline should be a learning process to ensure staff address any performance or behavioural concerns.

When staff violate the policies, protocols, and/or procedures of the Division, acts in an insubordinate manner, or commits an offence that warrants actions, the administrator or senior administration may initiate the progressive disciplinary process outlined below.

Progressive discipline will not be used for serious violations that call for stronger and more immediate action even for a first offence, ie. Theft, physical violence or any child protection issue.  As per article 6.06 of the BLSD collective agreement, any serious complaint against a teacher shall be immediately communicated in writing to the teacher by the school division.  In such a case, the administrator will inform the Superintendent who will immediately place the staff member on administrative leave before passing judgement and afford the staff member the opportunity to make a personal presentation of their case in refutation.

Evidence of a serious violation may result in suspension with or without pay up to and including termination of employment as per Section 92(4) of the Public Schools Act.

 

Process:

Step 1: Verbal Warning (Cautionary Advice) 

Staff who commit a violation should get at least one verbal warning form the administrator.  The administrator will:

  1. Tell the staff member they are being given a verbal warning under the discipline procedure.
  2. Ask the staff member if they would like to seek representation before going further If the answer is no, continue with the process.If yes, set up another meeting.
  3. Explain specifically what the staff member did or didn’t do and why it’s a concern.
  4. Ask for an explanation.
  5. Warn the staff member not to do it again or in some cases do what they were instructed to do.
  6. Make a reasonable effort to assist the staff member to correct whatever appears to be the cause for concern.Allow a reasonable time for improvement.
  7. Write a written summary of the conversation as a note to file of what the employer said and the staff member’s explanation. Share the note with the staff member and provide them time to review and sign in acknowledging the warning.If the staff member chooses not to sign the document please make note of this.A copy of the note will be given to the staff member, the local president (if approved by the member) and a copy will be sent to the superintendent.

 If the staff member commits another violation, the administrator may repeat step one or proceed to step two.

 Teacher Name:                                                                   Date:

Administrator Name:                                                      School:

COMPLETE?

STEPS:

Inform the teacher that this is a verbal warning under Administrative Procedure 2.A.101 – Professional Staff Progressive Discipline

Ask the teacher if they would like to see representation

No representative (proceed with meeting)

Yes, a representative is requested (set up a meeting to continue)

 

Name of Representative:                                                          

Meeting Date:

 

ITEMS TO DISCUSS & MEETING NOTES

1. DESCRIBE THE BEHAVIOUR OR CONDUCT THAT IS A CONCERN:

 

 

 

 

 

 

 

 

 

 

 

 

 

2. TEACHER’S EXPLANATION OF BEHAVIOUR OR CONDUCT:

 

 

 

 

 

 

 

 

 

 

ITEMS TO DISCUSS & MEETING NOTES (continued)

3. SUPPORTS TO ASSIST TEACHER TO CORRECT BEHAVIOUR:

 

 

 

 

 

 

 

 

4. TIMELINE FOR IMPROVEMENT:

 

 

 

 

 

 

 

 

5. ADDITIONAL COMMENTS BY ADMINISTRATOR AND/OR TEACHER:

 

 

 

 

 

 

 

 

 

COMPLETE?

STEPS:

 

Inform the teacher that these meeting notes will be sent to the Superintendents’ office.

 

Teacher’s Signature:                                                                    TEACHER REFUSES TO SIGN

This signature confirms that I met with the principal and discussed the contents of the meeting notes. My signature does not necessarily indicate agreement with the content of the notes.

 

Principal’s Signature:


Step 2: Verbal Warning from the Superintendent Department

If the staff member commits another violation of similar nature, the superintendent and/or assistant superintendent will meet with the staff member and their representation, if the staff member chooses. 

The superintendent and/or assistant superintendent will:

  1. Remind the staff member of the previous warning.
  2. Describe the circumstance, explain what the staff member did wrong or what the staff member did not do and ask for an explanation regarding the concern or issue.
  3. Write a note to the file with details of what the superintendent and/or assistant superintendent said and the staff member’s explanation.A copy of the note will be given to the staff member, the local president (if approved by the member) and a copy will be placed in the staff member’s personnel file.

 

Employee Name:                                                               Date:

Position:                                                                               School/Location:

Supervisor Name:

COMPLETE?

STEPS:

Inform the employee that this is a verbal warning under Step 2 of Administrative Procedure 2.A.101 – Support Staff* Progressive Discipline

Ask the employee if they would like an advocate to be present

No representative (proceed with meeting)

Yes, a representative is requested (set up a meeting to continue)

 

Name of Representative:                                                          

Meeting Date:

 

ITEMS TO DISCUSS & MEETING NOTES

1. REMIND THE EMPLOYEE THAT THEY HAVE BEEN GIVEN VERBAL WARNINGS (list dates):

 

 

 

 

 

 

 

 

 

 

 

2. EMPLOYEE’S EXPLANATION OF BEHAVIOUR OR CONDUCT:

 

 

 

 

 

 

 

 

 

 

 

 

ITEMS TO DISCUSS & MEETING NOTES (continued)

3. DISCUSS SUPPORTS THAT MAY OR MAY NOT HAVE BEEN PROVIDED (list supports if any):

 

 

 

 

 

 

 

 

 

4. ASK IF FURTHER SUPPORTS ARE NEEDED (list supports if any):

 

 

 

 

 

 

 

 

 

5. TIMELINE FOR IMPROVEMENT:

 

 

 

 

 

 

 

 

 

COMPLETE?

STEPS:

Inform the employee that these meeting notes will be placed in their personnel file.

 

Employee’s Signature:                                                                EMPLOYEE REFUSES TO SIGN

This signature confirms that I met with the Superintendent and discussed the contents of the meeting notes. My signature does not necessarily indicate agreement with the content of the notes.

 

Superintendent’s Signature:

Step 3: Written Warning

When a staff member commits another infraction of the same nature, a formal letter will be sent to the staff member for the Superintendent’s office reminding the staff member of the previous warnings.  The letter will briefly describe the circumstances and inform the staff member that the letter is being written as a result of failure to heed the verbal warning(s).  Included in the letter will be a warning that if the problem persists further discipline will occur up to and including termination. A copy of the written warning will be sent to the staff member, the staff officer, the local association and personnel file.

Step 4: Suspensions

If another violation or infraction occurs, the Superintendent will inform the staff member in writing of the impending suspension with or without pay.  The letter will include a description of the previous incidents, length of suspension and that if the problem persists, further discipline will occur and may result in termination.  A copy of the suspension notice will be sent to the staff member, the staff officer, the local association and personnel file.  The Superintendent will inform the Board of Trustees as to the details of the suspension.

 

Step 5: Termination

  • Recommendation for Termination

The Superintendent will inform the staff member that they will be making a recommendation to the Board for termination.

 The Board will proceed as per section 92(3) and 92(4) of the PSA.

Investigation Guidelines

When an allegation against a staff member* occurs, the administration will:

  • Investigate the incident by speaking to all parties involved and taking detailed notes of the account.
  • Explain the situation in its entirety to the staff member and seek an explanation.
  • If the staff member provides a satisfactory response/explanation regarding the concern then the issue can be closed.  If there is continued concern and if the issue continues then proceed to step 2.

*In the event of an allegation against an administrator, senior administration will conduct the investigation.

If the decision has been made to continue to step 2 in the process then senior administration should be apprised of the situation.