403 Procedure: Discipline, Suspension and Dismissal of School District Employees

I. DEFINITIONS

A. “Code of Ethics for Minnesota Teachers” means the code of ethics found at Minn. R. 8700.7500.

B. “Code of Ethics for School Administrators” means the code of ethics found at Minn. R. 3512.5200.

C. “Household member” means a person living in the same household as the employee.

D. “Immediate Family” means

1. father, mother, child, spouse,

2. spouse’s parent, child’s spouse,

3. grandparent, sibling, grandchild, and

4. spouse’s grandparent, spouse’s grandchild, or spouse’s sibling.

II. EMPLOYEE STANDARDS OF CONDUCT

A. Public confidence in the integrity of all school district employees is essential for the effective operation of the school district. Each employee should understand and abide by the professional code of ethics applicable to his or her job and all relevant school district policies and procedures.

B. All school district employees should pursue a course of conduct that does not violate public trust, including:

1. Employees of the school district should not accept other employment or engage in private enterprises that will impair their independence of judgment in the exercise of school district duties or otherwise impair their ability to satisfactorily perform their job-related responsibilities, impair their ability to provide for the safety of children or adversely affect the safety of co-employees.

2. Employees of the school district should abide by the requirements of the school district’s Administrative Procedures Manual (BA 5001) concerning potential conflicts of interest.

III. ADMINISTRATION OF POLICY

A. The form of discipline imposed for violations of school board policies and rules may vary from an oral reprimand to termination of employment or discharge depending upon factors such as the nature of the violation; whether the violation was intentional, knowing or willful; and whether the employee has been the subject of prior disciplinary action of the same or a different nature.

B. In each case where any form of discipline is imposed, the employee’s supervisor will:

1. Advise the employee of any inadequacy, deficiency or conduct which is the cause of the discipline, either orally or in writing;

2. Provide directives to the employee to correct the conduct or performance;

3. Specify the expected level of performance or modification of conduct to be required from the employee and the amount of time the employee will have to meet the expectations for performance and conduct; and

4. Forward any letters of expectations or written warnings to the school district’s Department of Human Resources.

C. The school district retains the right to immediately discipline, terminate or discharge an employee as appropriate, subject to relevant governing law and collective bargaining agreements where applicable.

D. Employees working in a position for which a teaching license is required by the Minnesota Department of Education will be subject to the provisions of the law governing those positions, subject to the collective bargaining agreement.

E. Employees working in a position that does not fall within the purview of Section II.D. above are subject to the following provisions.

1. A probationary support employee’s employment can be dismissed any time during his or her probationary period.

2. After an employee has completed his or her probationary period, the employee may be dismissed only for cause.

F. An employee is subject to dismissal for failure to pass any physical examination that is required by the school board for the employee’s position or inability to perform the essential functions of the employee’s job with or without reasonable accommodation.

Created/Revised
Revised: 3/21/14
Created: 2/2/99 (formerly Policy 4118 & 4219.1)
Created: 7/10/72

Legal References
Minn. Stat. § 122A.40 (Teachers – Employment; contracts; termination)
Minn. Stat. § 122A.41 (Teacher tenure)
Minn. Stat. § 122A.58 (Coaches)
Minn. Stat. § 122A.44 (Contracting with teachers)
Minn. Stat. § 123B.02, Subd. 14 (Employees; contracts for services)
Minn. Stat. § 123B.143 (Superintendent)
Minn. Stat. § 123B.147 (Principals)
Minn. Stat. § 197.46 et seq. (Veterans Preference Act)
Minn. R. 3512.5200 (Code of Ethics for School Administrators)
Minn. R. 8700.7500 (Code of Ethics for Minnesota Teachers)