Our Actions have to Our Actions have to always keep in mind always keep in mind

Our Mission:Our Mission:

““To educate all To educate all students to high students to high

academic standards academic standards within a safe, within a safe, stimulating stimulating

environment and ensure environment and ensure they are prepared to they are prepared to become productive become productive

citizens.”citizens.”

There are Rules to be followed and

rights to be respected.

Due ProcessDue Process

Effective DisciplineEffective Discipline

Correct inappropriate Correct inappropriate behavior and prevent behavior and prevent reoccurrencereoccurrence

What will it take to What will it take to Accomplish Effective Accomplish Effective Discipline?Discipline?

EffectiveEffective

AppropriateAppropriate TimelyTimely Motivation to ImproveMotivation to Improve Not Demoralizing – Does not do Not Demoralizing – Does not do more harm than goodmore harm than good

Not Too lenient – promoting, Not Too lenient – promoting, encouraging or rewarding encouraging or rewarding inappropriate behaviorinappropriate behavior

InvestigationInvestigation

Gather facts to make an informed decision

InvestigationInvestigation

Based on All known facts Based on All known facts and circumstances and circumstances involved in the matter.involved in the matter.

Without personal biasWithout personal bias

A Case StudyA Case Study

http://youtu.be/-RvNS7JfcMMhttp://youtu.be/-RvNS7JfcMM

Due ProcessDue Process

Due ProcessDue Process Weingarten Rights – Allows a Union Weingarten Rights – Allows a Union employee a representative from the employee a representative from the union to observe and assist in an union to observe and assist in an investigatory interview where the investigatory interview where the employee may face disciplinary actionemployee may face disciplinary action

Loudermill Rights – Requires that Loudermill Rights – Requires that notice of charges and an opportunity notice of charges and an opportunity for the employee to address the for the employee to address the charges prior to the issuance of Time charges prior to the issuance of Time off or Discharge Discipline. 5off or Discharge Discipline. 5thth Amendment Constitutional RightAmendment Constitutional Right

AppropriateAppropriateCoaching & TeachingCoaching & Teaching(Informal Discipline)(Informal Discipline)

vsvsFormal DisciplineFormal Discipline

A Disciple is a A FollowerA Disciple is a A FollowerShow LeadershipShow Leadership

Progressive DisciplineProgressive Discipline Teacher Evaluation Based (Plan 3)Teacher Evaluation Based (Plan 3)

AwarenessAwareness AssistanceAssistance DisciplineDiscipline

Incident BasedIncident Based CoachingCoaching Verbal WarningVerbal Warning Written ReprimandWritten Reprimand Time OffTime Off DischargeDischarge

Progressive DisciplineProgressive Discipline

The Punishment should fit the The Punishment should fit the offenseoffense

Consider past record – both Good Consider past record – both Good and Badand Bad

Consider extenuating circumstances Consider extenuating circumstances – Known or Discovered in the – Known or Discovered in the investigationinvestigation

Some offenses may result in Some offenses may result in immediate discharge – You’re Fired!immediate discharge – You’re Fired!

Is Plea Bargaining an Is Plea Bargaining an Option?Option?

Kevin PollakKevin Pollak (Lt. Weinberg): Cmdr. Galloway, (Lt. Weinberg): Cmdr. Galloway, Lt. Kaffee is considered to be the best Lt. Kaffee is considered to be the best litigator in our office. He successfully litigator in our office. He successfully plea bargained 44 cases in 9 months. plea bargained 44 cases in 9 months.

Tom CruiseTom Cruise (Kaffee): One more and I get a set (Kaffee): One more and I get a set of steak knives. of steak knives.

A FEW GOOD MENA FEW GOOD MEN Prior to discipline? Prior to discipline? To avoid costly appeal processTo avoid costly appeal process During the appeal process – Grievance/TenureDuring the appeal process – Grievance/Tenure May allow both sides to win in contested May allow both sides to win in contested casescases

Get confidential advice from HR on use of Get confidential advice from HR on use of this strategythis strategy

Last Chance Agreements?Last Chance Agreements?

Only as a post disciplinary Only as a post disciplinary action eventaction event

Requires HR and Union approvalRequires HR and Union approval A Privilege rather than a RightA Privilege rather than a Right Waiver of employee appeal Waiver of employee appeal rights if agreement is violatedrights if agreement is violated

DocumentationDocumentation

For a Sound Defense of the ActionFor a Sound Defense of the Action Burden of proof is on the Burden of proof is on the EmployerEmployer

Bullard PlaweckiBullard Plawecki - Employee - Employee Right to Know Act Right to Know Act

Consistency of DisciplineConsistency of Discipline Clear Communication of Issues, Clear Communication of Issues, Standards and ExpectationsStandards and Expectations

DocumentationDocumentation

Liability Defense Liability Defense Failure to SuperviseFailure to Supervise DiscriminationDiscrimination Wrongful DischargeWrongful Discharge

Progressive Discipline – Progressive Discipline – Document for possible future Document for possible future corrective actionscorrective actions

Standards or ProofStandards or Proof

Just CauseJust Cause 7 Elements7 Elements

Knowledge of RulesKnowledge of Rules Reasonableness of RulesReasonableness of Rules Investigation Prior to Discipline – Investigation Prior to Discipline – Administrative LeaveAdministrative Leave

Objective InvestigationObjective Investigation Substantial Evidence of guiltSubstantial Evidence of guilt Equal Discipline for Same offence - Not Equal Discipline for Same offence - Not Disparate TreatmentDisparate Treatment

Punishment fits the offense with Punishment fits the offense with consideration to past recordconsideration to past record

Standards or ProofStandards or Proof

Not Arbitrary and CapriciousNot Arbitrary and Capricious There must be a reasonable basis There must be a reasonable basis for issuing disciplinefor issuing discipline

Beyond a Reasonable DoubtBeyond a Reasonable Doubt Standard for Criminal prosecutionStandard for Criminal prosecution

Preponderance of the EvidencePreponderance of the Evidence Standard for most civil court Standard for most civil court casescases

PrivacyPrivacy

Praise Publicly and Criticize Praise Publicly and Criticize PrivatelyPrivately

Respect for employee vs. Setting Respect for employee vs. Setting an examplean example You can reinforce and inform on You can reinforce and inform on rules without specific examplesrules without specific examples

FOIA – Public RecordFOIA – Public Record Bullard Plawecki – Employee Bullard Plawecki – Employee Right to Know ActRight to Know Act

ConfidentialityConfidentiality

Protection of WitnessProtection of Witness RetaliationRetaliation

Whistle BlowersWhistle Blowers Harassment ComplainantsHarassment Complainants

Compelling Witnesses to Testify Compelling Witnesses to Testify or Make Statementsor Make Statements

Human Resources is Here to Human Resources is Here to HelpHelp

Use HR to assist with and review Use HR to assist with and review your situation, investigation and your situation, investigation and actions. actions.

Collaboration and a second or third Collaboration and a second or third set of eyes will likely improve the set of eyes will likely improve the process and end result.process and end result.

Harassment and High Profile Cases Harassment and High Profile Cases will require HR to conduct the will require HR to conduct the investigation.investigation.

But… You are still the Boss!But… You are still the Boss!

Our Actions have to Our Actions have to always keep in mind always keep in mind

Our Mission:Our Mission:

To educate all To educate all students to high students to high

academic standards academic standards within a safe, within a safe, stimulating stimulating

environment and ensure environment and ensure they are prepared to they are prepared to become productive become productive

citizens.citizens.