4163: Remedial Action

4163: Remedial Action holly Tue, 07/09/2019 - 11:43

The superintendent or designee may take remedial action with regard to an employee’s performance or conduct which is deemed reasonably necessary. Such action shall be in accordance with district policies, rules, and procedures, and with state and federal laws and regulations.

Date of Adoption
August 3, 1992
Date of Revision
January 22, 2001
December 3, 2007
October 20, 2014

4163.1: Remedial Action-Certificated Staff

4163.1: Remedial Action-Certificated Staff holly Tue, 07/09/2019 - 11:49

The Superintendent or designee may take remedial action with regard to a certificated employee's performance or conduct which is deemed reasonably necessary to assist the certificated employee and further school purposes. Remedial actions may include, but are not limited to, non-disciplinary actions such as counseling, verbal discussions, written summaries of verbal discussions, written clarifications or expectations, and additional training.

Remedial actions may also include disciplinary actions authorized by Nebraska law such as oral or written reprimands and suspension without pay (not to exceed thirty working days).

Remedial actions may or may not be applied progressively depending upon the nature of the employee’s performance or conduct. Prior to any written reprimand, the certificated employee shall be advised of the alleged reasons for the proposed action and provided the opportunity to present the certificated employee's version of the facts. The certificated employee may proceed under the applicable grievance procedure which provides for review for such action.

Prior to suspension without pay, the certificated employee shall be advised in writing of the alleged reasons for the proposed action and provided the opportunity to present the certificated employee's version of the facts. Within seven calendar days of receipt of such notice the certificated employee may make a written request to the secretary of the school board or the Superintendent or Superintendent's designee for formal due process hearing under Nebraska law. If such a request is not delivered within such time, the action of the Superintendent or the Superintendent's designee shall become final.


Nothing in this rule shall prevent an employee’s suspension with pay.

Date of Adoption
August 3, 1992
Date of Revision
January 22, 2001
December 3, 2007
October 20, 2014

4163.2: Remedial Action Non-Certificated Staff

4163.2: Remedial Action Non-Certificated Staff holly Tue, 07/09/2019 - 11:52

The superintendent or designee may take remedial action with regard to an employee's performance or conduct which is deemed reasonably necessary. Remedial actions may include, but are not limited to, non-disciplinary actions such as verbal discussions, written summaries of verbal discussions, written clarifications or expectations, and additional training.

Remedial actions may also include disciplinary actions authorized by Nebraska law including oral and written reprimands, suspension without pay and termination of employment.  

Remedial actions may or may not be applied progressively depending upon the nature of the employee’s performance or conduct. Prior to taking any disciplinary action, the non-certificated employee shall be advised of the alleged reasons for the proposed action and provided the opportunity to present the non-certificated employee’s version of the facts. Any disciplinary action may be grieved by the employee under the applicable grievance procedure.


Nothing in this rule shall prevent an employee's suspension with pay.

Date of Adoption
August 3, 1992
Date of Revision
January 22, 2001
December 3,2007
October 20, 2014

4163.3: Remedial Action Investigation/Procedure

4163.3: Remedial Action Investigation/Procedure holly Tue, 07/09/2019 - 13:08

 


 

I. All District personnel shall conduct themselves in such a manner so as to promote the educational responsibilities and purposes of the District in respecting the rights of students, District personnel, parents, third party businesses, service providers, or contractors and any other persons related to the District in any other capacity. 

II. When conduct of District personnel fails to meet District standards, violates students’ rights or adversely reflects upon the District in the community, the conduct shall be reported to the Superintendent or designee. 

III. When a complaint, charge or allegation of inappropriate conduct by District personnel is received by any District personnel, from any source, the procedure shall be as follows: 

A. The Superintendent shall be notified of the complaint, charge, or allegation of inappropriate conduct together with the information available. 

B. The Superintendent or designee immediately shall initiate and conduct such investigation of the complaint, charge, allegations or related matters deemed reasonable. 

C. Such investigation may be conducted by District officials or by designated third parties and will be conducted so as not to interfere with any concurrent or related investigation by any law enforcement or administrative agency. The proper law enforcement agency will be contacted immediately when there is a reasonable suspicion that a violation of a state or federal criminal law may have been committed and, if requested by the law enforcement authorities, the conduct of any further investigation by the District shall be suspended until the law enforcement authorities conclude their own investigation. 

D. During the pendency of any investigation performed by the District, the Superintendent or designee may temporarily suspend, transfer, remove, or reassign the person in question when the Superintendent determines it to be in the best interests of the District, including but not limited to the safety of the students, personnel and other people associated with or related to the District, would best be served by the temporary suspension, transfer, removal or reassignment of the personnel in question. 

E. Any such temporary suspension, transfer, removal, or reassignment may or may not result in the loss of any compensation or benefits or in the change of any job classification. Such temporary suspension, transfer, or reassignment shall not exceed thirty (30) days unless extended by mutual agreement of the District and personnel. 

F. Unless prohibited by specific direction of law enforcement authorities involved, any personnel who is the subject of any investigation shall be notified and advised of the complaint, charge or allegation reported to the District, and will be afforded the opportunity to respond to all charges or allegations of unprofessional or inappropriate conduct. Such initial notification shall be given within a reasonable period of time, but is not necessarily required to be given before the commencement of any investigation. 

G. Upon completion of such investigation, the Superintendent or his or her designee will take appropriate action. 

IV. Complaints by school personnel or job applicants regarding unlawful discrimination or unlawful harassment (including sexual harassment) shall follow the procedures of District Rule 4001.2. Complaints by students or parents regarding unlawful discrimination or unlawful harassment (including sexual harassment) shall follow the procedures of District Rule 5010.2.

Date of Adoption
June 5, 2000
Date of Revision
December 3, 2007
September 20, 2010
October 20, 2014
July 9, 2018