Complaints & Administrative Leave Employee Due Process, Discipline Process, Complaints & Administrative Leave Maysam Alie-Bazzi, Executive Director of Staff & Student Services Ruth Bankhead, Director of HR - Non-Instructional Rob Seeterlin, Director of HR - Instructional Board Presentation February 12, 2018

Strategic Plan Correlation to Evaluation and Accountability Focus Area: Human Resources Dearborn Public Schools recognizes the rapidly changing environment in which we educate students.  In order to address the learning needs of students and staff in the most effective and efficient manner, the district will develop and nurture partnerships and professional development opportunities that help our staff, and by extension our students, learn and develop optimally. These will help the district meet not only legal requirements, but standards for individual and district accountability, and goals for retention of qualified and dedicated staff.

Due Process Connection to the Strategic Plan Action Point 1: The District will actively recruit and retain high quality teacher candidates who will meet the needs of all learners. Action Point 2:  The District will actively recruit and retain high quality, non-instructional staff. A complaint process, coaching process, and due process are necessary to ensure a competent staff is retained and continues to work in our district.

What is due process? Due Process is based on the 5th and 14th amendments to the US constitution. Persons shall not be deprived of Life, Liberty or Property, without due process of law. Due process, in general, is to assure fairness to anyone facing, or potentially facing disciplinary action. Allows for a representative to assist the person being investigated. (Weingarten Rights) The right to know what they are being accused of or charged with and the general evidence supporting the charge The right of the accused to present their side of the story prior to a finding In making a decision the burden of proof rest with the employer Not arbitrary or capricious Just cause

Paid Administrative Leave Protects all involved Opportunity to investigate claim No wrongdoing determined at time of leave Negatively perceived with potential fuel to the rumor mill

Discipline Process- Instructional & Non-Inst. Goal to correct inappropriate behavior and prevent reoccurrence Infraction formally addressed w/solutions & suggestions Progressive - verbal reprimand, written reprimand, 1 day suspension w/out pay, 3 day suspension w/out pay, termination… Depending on severity of the behavior - progressive approach may not be applied Attendance - move through more formal process

Discipline Process- Instructional & Non-Inst. Effective Discipline should be: Appropriate Timely, Employee given motivation/support to Improve Not demoralizing Not too lenient- firm, but appropriate

Discipline - Instructional Teacher Evaluation Based (Plan 3) Awareness Assistance Discipline Incident Based-Formal vs. Coaching Coaching Verbal Warning Written Reprimand Unpaid Time off Discharge

Discipline The consequence should fit the offense Consider past record – both good and bad Consider extenuating circumstances – Known or Discovered in the investigation May result in informal coaching to termination

Complaints Process Go to the Person with the issue Supervisor/Communication Report serious issues to Human Resources when necessary Investigation - paid administrative leave, interviews, statements, conclusions Consequences issued based on investigation conclusions Attempts to remedy issues among staff whenever possible Goal: To ensure safe and respectful workplace for all

Title IX Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding. This can include: sexual harassment, rape, and sexual assault involving staff or students. Under Title IX, discrimination on the basis of sex can include sexual harassment, rape, and sexual assault. A college or university that receives federal funds may be held legally responsible when it knows about and ignores sexual harassment or assault in its programs or activities. The school can be held responsible in court whether the harassment is committed by a faculty member, staff, or a student. Under Title IX, discrimination on the basis of sex can include sexual harassment, rape, and sexual assault. A college or university that receives federal funds may be held legally responsible when it knows about and ignores sexual harassment or assault in its programs or activities. The school can be held responsible in court whether the harassment is committed by a faculty member, staff, or a student.

Title IX All staff is responsible for reporting potential sexual harassment / misconduct Reporting practices: “what to do” Ongoing communication, resources, training is essential Under Title IX, discrimination on the basis of sex can include sexual harassment, rape, and sexual assault. A college or university that receives federal funds may be held legally responsible when it knows about and ignores sexual harassment or assault in its programs or activities. The school can be held responsible in court whether the harassment is committed by a faculty member, staff, or a student. As defined by the Title IX statute, a “responsible employee” is any employee who (a) has the authority to take action to redress sexual harassment/misconduct; (b) has been given the duty of reporting incidents of sexual harassment/misconduct or any other misconduct by students to the Title IX coordinator or other appropriate designee; and/or (c) a student reasonably believes has this authority or duty. Under Title IX, discrimination on the basis of sex can include sexual harassment, rape, and sexual assault. A college or university that receives federal funds may be held legally responsible when it knows about and ignores sexual harassment or assault in its programs or activities. The school can be held responsible in court whether the harassment is committed by a faculty member, staff, or a student.

Open Meetings Act Closed Meetings for Personnel/Tenure Hearing/Complaint Personnel - Board Level Meetings to consider the dismissal, suspension, discipline, complaints, charges or periodic personnel evaluations of a public officer or employee, the named person selects open or closed meeting

Employee Due Process, Discipline Process, Complaints & Administrative Leave