Our Actions have to always keep in mind Our Mission: “To educate all students to high academic standards within a safe, stimulating environment and ensure they are prepared to become productive citizens.”

There are Rules to be followed and rights to be respected. Due Process

Effective Discipline Correct inappropriate behavior and prevent reoccurrence Correct inappropriate behavior and prevent reoccurrence What will it take to Accomplish Effective Discipline? What will it take to Accomplish Effective Discipline?

Effective Appropriate Appropriate Timely Timely Motivation to Improve Motivation to Improve Not Demoralizing – Does not do more harm than good Not Demoralizing – Does not do more harm than good Not Too lenient – promoting, encouraging or rewarding inappropriate behavior Not Too lenient – promoting, encouraging or rewarding inappropriate behavior

Investigation Gather facts to make an informed decision

Investigation Based on All known facts and circumstances involved in the matter. Based on All known facts and circumstances involved in the matter. Without personal bias Without personal bias

A Case Study

Due Process

Weingarten Rights – Allows a Union employee a representative from the union to observe and assist in an investigatory interview where the employee may face disciplinary action Weingarten Rights – Allows a Union employee a representative from the union to observe and assist in an investigatory interview where the employee may face disciplinary action Loudermill Rights – Requires that notice of charges and an opportunity for the employee to address the charges prior to the issuance of Time off or Discharge Discipline. 5 th Amendment Constitutional Right Loudermill Rights – Requires that notice of charges and an opportunity for the employee to address the charges prior to the issuance of Time off or Discharge Discipline. 5 th Amendment Constitutional Right

Appropriate Coaching & Teaching (Informal Discipline) vs Formal Discipline A Disciple is a A Follower Show Leadership

Progressive Discipline Teacher Evaluation Based (Plan 3) Teacher Evaluation Based (Plan 3) Awareness Awareness Assistance Assistance Discipline Discipline Incident Based Incident Based Coaching Coaching Verbal Warning Verbal Warning Written Reprimand Written Reprimand Time Off Time Off Discharge Discharge

Progressive Discipline The Punishment should fit the offense The Punishment should fit the offense Consider past record – both Good and Bad Consider past record – both Good and Bad Consider extenuating circumstances – Known or Discovered in the investigation Consider extenuating circumstances – Known or Discovered in the investigation Some offenses may result in immediate discharge – You’re Fired! Some offenses may result in immediate discharge – You’re Fired!

Is Plea Bargaining an Option? Kevin Pollak (Lt. Weinberg): Cmdr. Galloway, Lt. Kaffee is considered to be the best litigator in our office. He successfully plea bargained 44 cases in 9 months. Tom Cruise (Kaffee): One more and I get a set of steak knives. A FEW GOOD MEN Prior to discipline? Prior to discipline? To avoid costly appeal process To avoid costly appeal process During the appeal process – Grievance/Tenure During the appeal process – Grievance/Tenure May allow both sides to win in contested cases May allow both sides to win in contested cases Get confidential advice from HR on use of this strategy Get confidential advice from HR on use of this strategy

Last Chance Agreements? Only as a post disciplinary action event Only as a post disciplinary action event Requires HR and Union approval Requires HR and Union approval A Privilege rather than a Right A Privilege rather than a Right Waiver of employee appeal rights if agreement is violated Waiver of employee appeal rights if agreement is violated

Documentation For a Sound Defense of the Action For a Sound Defense of the Action Burden of proof is on the Employer Burden of proof is on the Employer Bullard Plawecki - Employee Right to Know Act Bullard Plawecki - Employee Right to Know Act Consistency of Discipline Consistency of Discipline Clear Communication of Issues, Standards and Expectations Clear Communication of Issues, Standards and Expectations

Documentation Liability Defense Liability Defense Failure to Supervise Failure to Supervise Discrimination Discrimination Wrongful Discharge Wrongful Discharge Progressive Discipline – Document for possible future corrective actions Progressive Discipline – Document for possible future corrective actions

Standards or Proof Just Cause Just Cause 7 Elements 7 Elements Knowledge of Rules Knowledge of Rules Reasonableness of Rules Reasonableness of Rules Investigation Prior to Discipline – Administrative Leave Investigation Prior to Discipline – Administrative Leave Objective Investigation Objective Investigation Substantial Evidence of guilt Substantial Evidence of guilt Equal Discipline for Same offence - Not Disparate Treatment Equal Discipline for Same offence - Not Disparate Treatment Punishment fits the offense with consideration to past record Punishment fits the offense with consideration to past record

Standards or Proof Not Arbitrary and Capricious Not Arbitrary and Capricious There must be a reasonable basis for issuing discipline There must be a reasonable basis for issuing discipline Beyond a Reasonable Doubt Beyond a Reasonable Doubt Standard for Criminal prosecution Standard for Criminal prosecution Preponderance of the Evidence Preponderance of the Evidence Standard for most civil court cases Standard for most civil court cases

Privacy Praise Publicly and Criticize Privately Praise Publicly and Criticize Privately Respect for employee vs. Setting an example Respect for employee vs. Setting an example You can reinforce and inform on rules without specific examples You can reinforce and inform on rules without specific examples FOIA – Public Record FOIA – Public Record Bullard Plawecki – Employee Right to Know Act Bullard Plawecki – Employee Right to Know Act

Confidentiality Protection of Witness Protection of Witness Retaliation Retaliation Whistle Blowers Whistle Blowers Harassment Complainants Harassment Complainants Compelling Witnesses to Testify or Make Statements Compelling Witnesses to Testify or Make Statements

Human Resources is Here to Help Use HR to assist with and review your situation, investigation and actions. Use HR to assist with and review your situation, investigation and actions. Collaboration and a second or third set of eyes will likely improve the process and end result. Collaboration and a second or third set of eyes will likely improve the process and end result. Harassment and High Profile Cases will require HR to conduct the investigation. Harassment and High Profile Cases will require HR to conduct the investigation. But… You are still the Boss! But… You are still the Boss!

Our Actions have to always keep in mind Our Mission: To educate all students to high academic standards within a safe, stimulating environment and ensure they are prepared to become productive citizens.