AP 472: Discipline, Suspension Or Dismissal
Personnel & Employment
Background
Each employee is expected to perform the duties and responsibilities required to fulfill the position for which the person is employed. Where an employee fails to meet these expectations, or otherwise exhibits misconduct so as to warrant discipline, the Superintendent or designate has the authority to apply disciplinary actions designed to restore a satisfactory level of productivity by the employee or to otherwise address employee misconduct and/or behaviours.
With respect to teachers, the Board has delegated to the Superintendent the authority to:
- Terminate the contract of employment of a teacher employed under a probationary, temporary or interim contract of employment, where such termination is made during the term of such contract.
- Suspend the services of a teacher as defined by sections 52 and 213 of the Education Act. The power to terminate or suspend the services of a teacher shall not be further delegated.
With respect to non-certificated staff, the Superintendent or designate has the authority to both suspend and, if deemed necessary, to terminate the services of a non-certificated staff member.
Procedures
1. When applying disciplinary action, the Superintendent or designate shall adhere to the principle that every employee has a right to be formally made aware of any expectations that are not fulfilled.
2. Corrective action shall proceed along the following sequence of events until the desired change occurs:
2.1. The supervisor shall indicate, in writing, to the employee, unfulfilled expectations, and an identification of the expected change;
2.2. The supervisor or Superintendent shall indicate, in a written reprimand, deficiencies and behaviour changes expected;
2.3. The Superintendent or designate shall provide notice, in writing, of suspension from work for failing to meet expectations;
2.4. In the case of teaching staff, the suspension shall be by the Superintendent, where the Superintendent has determined that a teacher has been:
2.4.1. Guilty of gross misconduct;
2.4.2. Neglecting the teacher’s duty; or
2.4.3. Refusing or neglecting to obey a lawful order of the Board.
4. Where the Superintendent has acted according to 2.4 above, the Superintendent shall advise the teacher forthwith in writing of the reasons for the suspension of the teacher and shall copy a notice of the suspension together with a written statement of the facts alleged to the Minister.
4. Notwithstanding 2.4.3 above, if the Superintendent is of the opinion that the welfare of students is threatened by the presence of the teacher, the Superintendent may suspend the teacher without prior notice and shall, in such an instance, advise the Board forthwith.
5. Written reprimands and notices of suspensions shall be recorded in the employee's personnel file and, where an agent represents an employee, copied to that agent.
5.1. Written response or defense provided by the employee or agent shall also be recorded in the employee's personnel file.
6. This administrative procedure shall not restrict the Superintendent or designate from taking steps to suspend or terminate the services of a staff member, without first adhering to the above-described steps, where the Superintendent or designate has reasonable grounds for believing that the actions or practices of a staff member endanger the safety of students, constitutes a neglect of duty, a breach of trust, or a refusal to obey a lawful order given by or on behalf of the Board.
7. The main purpose of written reprimands and suspension is to impress upon the employee the need for a change of any behaviour that is considered unacceptable to the employer. The onus for changing the behaviour rests entirely with the employee although the employer may provide direction if it is deemed advisable.
Approved: