PROGRESSIVE CORRECTIVE DISCIPLINARY GUIDELINES RULES AND REGULATIONS
Section 1 - Intent

1. In the educational experiences presented to children, differences in personality, techniques, methodology, and inter-personal relationships between and among staff members are desirable factors. However, when such differences give rise to patterns of unacceptable behavior or conduct on the part of individual staff members, the administrative staff is obligated to attempt to modify such behavior.  This can be accomplished through the use of disciplinary procedures which are designed to correct such behavior. The primary objective of the program is to promote and maintain a maximum level of acceptable behavior on the part of all staff members with the ultimate goal being to create the best possible learning environment for students.
2. Administrators can more readily identify marginal staff members through the use of progressively stricter disciplinary measures. This process enables administrators to assist staff members in correcting their conduct or behavior.  Consequently, corrective discipline becomes a tool to be used by administrators to achieve and maintain the highest degree of conduct possible. Such a program also serves to encourage staff members as individuals and as a staff to maintain the high level of conduct that is expected of them.
3. For administrators there must also be a final obligation. If, after a reasonable effort to correct the undesirable behavior or conduct of a staff member, the individual remains unwilling or unable to correct his/her conduct or behavior, the administrator must pursue the necessary steps required for the orderly dismissal of the individual from the district.

Section 2 - Definitions

1. Progressive corrective discipline is the action taken by the Board or its representatives against an employee for acts or omissions which shall include, but not be limited to, those acts or omissions described in Section 3 (Grounds for Misconduct).
2. The Board is the Board of Education of the Benton Harbor Area Schools.
3. Employees are all people employed by the district in any capacity, except as follows:

1. a. this policy does not apply to those employees who are members of the Local No. 953, Council 25, International Union of The American Federation of State, County, and Municipal Employees, AFL-CIO. These employees are governed by specific rules and regulations pertaining to their bargaining unit and the collective bargaining agreement provides for final binding arbitration as a method of resolving labor disputes; and.
2. b. This policy does not apply to any employee who is a member of a collective bargaining agreement which provides for final binding arbitration as a means of resolving labor disputes. The Board of Education does subscribe to the policy of progressive corrective discipline concerning employees covered by a collective bargaining agreement, however, it is recognized that the terms of the collective bargaining agreement, including, but not limited to the grievance procedure, take precedent over Board policy in this matter.  Provided however, teacher tenure hearings shall be governed by this policy.

Section 3 - Grounds for Misconduct

1. The following acts or omissions by any district employee, individually, or in concert with any other person(s), shall constitute misconduct and shall be just cause for corrective discipline:

1. Conduct which violates any Board policies or administrative regulations or rules;
2. conduct which violates any provision of the collective bargaining agreement between the Board and the employee's union;
3. conduct that degrades the district or educational profession to contempt;
4. conduct that is contrary to commonly established standards of justice, ethics, honesty or good morality;
5. insubordination;
6. excessive tardiness; or
7. excessive absenteeism.

Section 4 - Persons Qualified to Issue or Implement Corrective Discipline

The Board, Superintendent, or any member of the administrative staff may issue or initiate corrective discipline relative to any employee.

Section 5 - Forms of Corrective Discipline

1. Misconduct may be grounds for applying any one or a combination of the following disciplinary measures as the circumstances warrant:

1. oral warning;
2. written reprimand;
3. conference with the Superintendent;
4. suspension with pay;
5. suspension without pay;
6. demotion; and/or
7. discharge.

2. Such disciplinary measures shall be applied according to the terms and procedures contained in the subsequent section of this document, which refer to each respective corrective disciplinary measure enumerated above, and any applicable provisions of law or appropriate employment contract, collective or individual.

Section 6 - Oral Warning Issuance

1. An oral warning may be issued to an employee for alleged misconduct.
2. An oral warning shall serve as notice to the employee that the specific conduct in question is considered undesirable, shall be corrected, and shall not recur in the future.

Section 7 - Oral Warning Documentation

1. Documentation shall be made of all oral warnings.
2. Documentation shall be in writing and shall consist of:

1. a statement of the specific material facts involved in the alleged misconduct such as date, time, place, witnesses, and actions of the individuals involved;
2. date that the oral warning was issued;
3. attestations by person giving oral warning; and
4. a statement that the oral warning shall serve as evidence that the employee was put on notice that conduct of this nature is undesirable, shall be corrected and shall not recur in the future.

3. Upon being informed that he/she is to receive an oral warning, the employee may exercise the option to have a union representative present, when any oral warning is being given to an employee who is a member of a union.
4. The documentation of the oral warning shall be placed in the employee's personnel file and a copy of this documentation shall be given to the employee.
5. Documentation of an oral warning shall remain in the employee's personnel file for a period of 12 months.
6. Subsequent to the 12 month period, all evidence of the issuance of said oral warning shall be expunged from the employee's personnel file and destroyed, providing that there exists no documentation of subsequent disciplinary actions for comparable or related offenses taken against the employee within that 12 month period.

Section 8 - Written Reprimand

1. A written reprimand may be issued subsequent to any oral warnings for alleged misconduct or may serve as first notice to the employee that he has breached an obligation as stated in Section 3 (Grounds for Misconduct).
2. The written reprimand shall consist of:

1. a statement of the specific material facts involved in the alleged misconduct such as date, time, place, witnesses, and actions of the individual(s) involved;
2. a quotation of the rule, regulation, or obligation breached;
3. an outline of any previous oral warnings issued for comparable or related offenses, which are documented;
4. a statement that this letter constitutes a written reprimand;
5. a statement that the employee is being given another opportunity to improve his/her conduct, an expression of hope that he/she will do so, and a statement of a reasonable period of time within which it is expected that the misconduct shall be corrected; and
6. a statement that if the employee does not improve he/she shall be subject to further disciplinary action.

3. The letter of written reprimand shall be personally delivered to the employee.
4. A copy of the written reprimand shall be placed in the employee's personnel file as a permanent record of the alleged misconduct.

Section 9 - Conference with the Superintendent or Designee

1. A conference with the Superintendent or designee may take place if any previous written reprimand(s) failed to cause correction of the employee's misconduct or the seriousness of the misconduct warrants immediate action initiated at this level.
2. A conference with the Superintendent or designee may constitute a disciplinary measure in and of itself or be combined with any other disciplinary measure seemed appropriate to impose by the Superintendent or designee.
3. The conference shall be held in the Superintendent's office with the employee and the administrator who initiated the disciplinary proceedings present.
4. Upon being informed that he/she is to have a conference with the Superintendent or designee, the employee may exercise the option to have a union representative present, when the employee is a member of a union.
5. The purpose of the conference shall be to discuss the employee's misconduct and to impress upon the employee that his/her misconduct must be corrected or further serious disciplinary action shall be taken.
6. Documentation of the conference shall be placed in the employee's personnel file as a permanent record and a copy of this documentation shall be given to the employee.
7. Documentation of the conference shall contain:

1. a statement of the specific material facts involved in the alleged misconduct such as date, time, place, witnesses, and actions of the individual(s) involved;
2. a quotation of the rule, regulation, or obligation that was breached;
3. an outline of any previous disciplinary actions taken against the employee for comparable or related offenses, which are documented; and
4. a statement of the results of the conference, including any admissions, commitments, or resolutions made.

Section 10 - Suspension With Pay

1. An employee may be suspended with pay if any previous reprimands or conferences with the Superintendent or designee fail to cause correction of the employee's misconduct or if the seriousness of the misconduct warrants immediate action initiated at this level.
2. Suspension with pay shall be at the discretion of the Board and the length of time off shall be based on the seriousness of the misconduct.
3. Documentation of the suspension with pay shall be placed in the employee's personnel file as a permanent record and a copy of this documentation shall be given to the employee.
4. Documentation of the suspension with pay shall contain:

1. a statement of the specific material facts involved in the alleged misconduct such as date, time, place, witnesses, and actions of the individual(s) involved;
2. a quotation of the rule, regulation, or obligation that has been breached; and
3. an outline of any previous disciplinary actions taken against the employee for comparable or related offenses, which are documented.

Section 11 - Suspension Without Pay

1. An employee may be suspended without pay if any previous reprimands, conferences with the Superintendent or designee, or suspensions with pay fail to cause correction of the employee's misconduct or if the seriousness of the misconduct warrants immediate action initiated at this level.
2. Suspension without pay shall be at the discretion of the Board and the length of time off shall be based on the seriousness of the misconduct.
3. Suspension without pay of all non-certified personnel, probationary teachers, and administrative personnel shall be made only after all contractual and legal obligations regarding demotion of these individual positions has been made.
4. Suspension without pay of a teacher on continuing tenure may be made only for reasonable and just cause.
5. Charges against a teacher shall be in writing, signed by the person making the charge, and filed with the Board Secretary or designee.
6. Charges concerning the character of professional services of a teacher shall be filed at least 60 days before the close of the school year.
7. The Board, if it decides to proceed upon such charges, shall furnish the teacher with a written statement of the charges including a statement of the teacher's rights under the Teacher Tenure Act.
8. At the option of the teacher, the Board shall provide a hearing to take place not less than 30 nor more than 45 days after the filing of the charge.
9. On the filing of charges, the Board may suspend with pay the accused teacher from active performance of duty until a decision to suspend without pay is rendered by the Board. If the decision of the Board is appealed and the tenure commission reverses the decision of the Board to suspend without pay, the teacher shall be entitled to all salary lost as a result of such suspension without pay.
10. The hearing shall be conducted in accordance with the following provisions:

1. the hearing shall be public or private at the option of the teacher affected;
2. no action shall be taken resulting in the demotion or dismissal of a teacher except by a majority vote of the Board members;
3. both the teacher and the person filing charges may be represented by counsel;
4. testimony at hearings shall be on oath or affirmation;
5. the Board shall employ a stenographer who shall make a full record of the proceedings of such a hearing and who shall, within ten days after the conclusion thereof, furnish the Board and the teacher affected thereby with a copy of the transcript of such record, which shall be certified to be complete and correct;
6. any hearing held for the dismissal or demotion of a teacher, as provided in the Teacher Tenure Act, must be concluded by a decision in writing within 15 days after the termination of the hearing. A copy of such decision shall be furnished the teacher affected within five days after the decision is rendered; and
7. the Board shall have the power to subpoena witnesses and documentary evidence, and shall do so on its own motion or at the request of the teacher against whom charges have been made. If any person(s) shall refuse to appear and testify in answer to any subpoena issued by the Board, the Board may petition the Berrien County Circuit Court setting forth the facts and the court shall thereupon issue its subpoenas commanding such person(s) to appear before the Board and testify as to the matters being inquired into. Any failure to obey such order of the court may be punished by such court as contempt thereof.

11. Documentation of the suspension without pay shall be placed in the employee's personnel file as a permanent record and a copy of this documentation shall be given to the employee.
12. Documentation of the suspension without pay shall contain:

1. a statement of the material facts involved in the alleged misconduct such as date, time, place, witnesses, and actions of the individual(s) involved;
2. a quotation of the rule, regulation, or obligation that has been breached; and
3. an outline of any previous disciplinary actions taken against the employee for comparable or related offenses, which are documented.

Section 12 - Demotion

1. An employee may be demoted if any previous disciplinary actions fail to cause correction of the employee's misconduct or if the seriousness of the misconduct warrants immediate action initiated at this level.
2. Demotion shall be defined as a reduction in salary.
3. Demotion of all non-certified personnel, probationary teachers, and administrative personnel shall be made only after all contractual and legal obligations regarding demotions of these individual positions has been made.
4. Demotion of a teacher on continuing tenure may be made only for reasonable and just cause.
5. Charges against a teacher shall be in writing, signed by the person making the charges, and filed with the Board Secretary or designee.
6. Charges concerning the character of professional services of a teacher shall be filed at least 60 days before the close of the school year.
7. The Board, if it decides to proceed upon such charges, shall furnish the teacher with a written statement of the charges including a statement of the teacher's rights under the Teacher Tenure Act.
8. At the option of the teacher, the Board shall provide for a hearing to take place not less than 30 nor more than 45 days after the filing of the charges.
9. On the filing of charges, the Board may suspend with pay the accused teacher from active performance of duty until a decision to demote is rendered by the Board. If the decision of the Board to demote is appealed and the tenure commission reverses the decision of the Board, the teacher shall be entitled to all salary lost as a result of the demotion.
10. The hearing shall be conducted in accordance with the following provisions:

1. the hearing shall be public or private at the option of the teacher affected;
2. no action shall be taken resulting in the demotion or dismissal of a teacher except by a majority vote of the Board members;
3. both the teacher and the person filing the charges may be represented by counsel;
4. testimony at hearings shall be on oath or affirmation;
5. the Board shall employ a stenographer who shall make a full record of the proceedings of such hearing and who shall, within ten days after the conclusion thereof, furnish the Board and the teacher affected thereby with a copy of the transcript of such record, which shall be certified to be complete and correct;
6. any hearing held for the dismissal or demotion of a teacher, as provided in the Teacher Tenure Act, must be concluded by a decision in writing, within 15 days after the termination of the hearing. A copy of such decision shall be furnished the teacher affected within five days after the decision is rendered; and
7. The Board shall have the power to subpoena witnesses and documentary evidence, and shall do so on its own motion or at the request of the teacher against whom charges have been made. If any person(s) shall refuse to appear and testify in answer to any subpoena issued by the Board, the Board may petition the Berrien County Circuit Court setting forth the facts and the court shall there upon issue its subpoenas commanding such person(s) to appear before the Board there to testify as to the matters being inquired into.  Any failure to obey such order of the court may be punished by such court as contempt thereof.

11. Documentation of the demotion shall be placed in the employee's personnel file as a permanent record and a copy of this documentation shall be given to the employee.
12. Documentation of the demotion shall contain:

1. a statement of the material facts involved in the alleged misconduct such as date, time, place, witnesses, and actions of the individual(s) involved;
2. a quotation of the rule, regulation, or obligation that has been breached; and
3. an outline of any previous disciplinary actions taken against the employee for comparable or related offenses, which are documented.

Section 13 - Discharge

1. Discharge may be imposed upon an employee as the final step in the corrective disciplinary procedure, or as discipline in the first instance for serious misconduct.
2. The administrator shall present in writing to the Superintendent his recommendation for dismissal of the employee. The recommendation shall include:

1. a history of the events leading to the recommendation for dismissal; and
2. all supporting evidence or documents in the case.

3. In all cases, the Superintendent shall review the recommendation and documentation. If he/she feels the circumstances warrant discharge, he shall submit charges to the Board of Education for dismissal of the employee.
4. Discharge of all non-certified personnel, probationary teachers, and administrative personnel shall be made only after all contractual and legal obligations regarding discharges of these individual positions has been made.
5. Discharge of a teacher on continuing tenure shall be governed by Article IV of the Teacher Tenure Act. Discharge of a teacher on continuing tenure may be made only for reasonable and just cause.
6. Charges against a teacher shall be made in writing, signed by the person making the same, and filed with the Board Secretary or designee.
7. Charges concerning the character of professional services of a teacher shall be filed at least 60 days before the close of the school year.
8. The Board, if it decides to proceed upon the charges, shall furnish the teacher with a written statement of the charges including a statement of the teacher's rights under the Teacher Tenure Act.
9. At the option of the teacher, the Board shall provide for a hearing to take place not less than 30 nor more than 45 days after the filing of the charges.
10. On the filing of charges, the Board may suspend with pay the accused teacher from active performance of duty until a decision to discharge is rendered by the Board. If the decision of the Board is appealed and the tenure commission reverses the decision of the Board to discharge, the teacher shall be entitled to all salary lost as a result of such discharge.
11. The hearing shall be conducted in accordance with the following provisions:

1. the hearing shall be public or private at the option of the teacher affected;

2. no action shall be taken resulting in the demotion or dismissal of a teacher except by a majority vote of the Board members;
3. both the teacher and the person filing charges may be represented by counsel;
4. testimony at hearings shall be on oath or affirmation;
5. the Board shall employ a stenographer who shall make a full record of the proceedings of such hearing and who shall, within ten days after the conclusion thereof, furnish the Board and the teacher affected thereby with a copy of the transcript of such record, which shall be certified to be complete and correct;
6. any hearing held for the dismissal or demotion of a teacher, as provided in the Teacher Tenure Act, must be concluded by a decision in writing, within 15 days after the termination of the hearing. A copy of such decision shall be furnished the teacher affected within 5 days after the decision is rendered; and
7. the Board shall have the power to subpoena witnesses and documentary evidence, and shall do so on its own motion or at the request of the teacher against whom charges have been made. If any person(s) shall refuse to appear and testify in answer to any subpoena issued by the Board, the Board may petition the Berrien County Circuit Court setting forth the facts and the court shall thereupon issue its subpoenas commanding such person(s) to appear before the Board there to testify as to the matters being inquired into.  Any failure to obey such order of the court may be punished by such court as contempt thereof.

12. Documentation of the discharge shall be placed in the employee's personnel file as a permanent record and a copy of this documentation shall be given to the employee.
13. Documentation of the discharge shall contain:

1. a statement of the material facts involved in the alleged misconduct such as date, time, place, witnesses, and actions of the individual(s) involved;
2. a quotation of the rule, regulation, or obligation that has been breached; and
3. an outline of any previous disciplinary actions taken against the employee for comparable or related offenses, which are documented.