1. 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

2. 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.

3. 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.

4. 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

5. 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

6. 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

7. 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

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

9. 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

10. 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

11. 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.

12. 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.

13. 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

14. Employee Due Process,
Discipline Process,
Complaints & Administrative Leave