ARTICLE XIV
14.0 DISCIPLINE

14.1 Just Cause Discipline: The District retains the sole right to discipline unit members for just cause, applying principles of due process.

14.2 Notice: In order to be timely filed, a charge shall be initiated no later the twenty-five (25) duty days following the act or occurrence upon which the charges are based or twenty-five (25) days following the date the District reasonably should have known of the act or occurrence.

14.3 Prior Events: In imposing discipline, the District shall not take into account any prior charges which occurred more than four (4) years preceding the date of the charge or charges giving rise to the discipline.

14.4 Progressive Discipline: The corrective process of applying penalties short of discharge where conduct is of a less serious nature and the employee has not repeatedly engaged in such conduct. The nature of such discipline should be appropriate to the conduct and need not begin with the least serious disciplinary action. The basic steps in progressive discipline are listed below:

14.4.1 Verbal reprimand(s): The supervising administrator shall clarify that “this is a verbal reprimand,” and cite the reason for the reprimand.

14.4.2 Conference with written memorandum of summary, including appropriate steps for corrective action.

14.4.3 Written reprimand (in personnel file).

14.4.4 Suspension(s) with or without pay of up to 15 days.

It is understood that some occurrences leading to discipline under this provision may be of such seriousness as to not require strict adherence to each of the steps set forth above.

14.5 If a supervisor recommends disciplinary action, the unit member has the right to appeal the recommended action to the Superintendent through the Associate Superintendent, Human Resources by filing a written request within fifteen (15) days of the issuance of such a recommendation. The supervisor or his/her designee may grant an additional five (5) days to file the request to appeal. Failure to file such a written appeal within the stated time shall waive the right of appeal.

14.6 Grievability: Sections 14.4.1 to 14.4.3 shall be grievable only to the extent that the steps set forth were appropriately adhered to. The substance of statements made under 14.4.1 to 14.4.3 shall not be grievable.

14.7 For purposes of this Article, discipline shall not be defined to include termination, suspension pursuant to Education Code Sections 44939 and 44940, or non-reelection pursuant to California Education Code Section 44882, nor does this Article in any way limit the District’s right to initiate such procedures.