Discipline and Due Process
Classified employees have the right to due process, including the right to
receive written notice of charges, the right to be represented & the right to
informal and formal responses. Also, some contracts include binding arbitration
Employee entitled to due process
Permanent classified employees have a property interest in their jobs, which
requires the district to comply with due process elements before imposing
discipline. These basic rights include: notice of the charges, a right to
respond orally and/or in writing and the right to representation.
Employer must provide written notice
Classified employees have the right to be notified in writing of the charges
against them. The document must set forth the cause for which the action is
taken, and in ordinary and concise language, the specific acts or omissions
upon which the disciplinary action is based Education Code Section 45116
Charge must be filed within two years
Classified employees cannot be subject to acts that occurred while the employee
was on probation or that are over two (2) years old. This standard automatically
exists in non-merit districts but can be negotiated in merit system districts.
Education Code Section 45113 (88013)
Employee’s right to respond in A Skelly conference
In a merit system school district, the governing board and its management agents
impose discipline and must afford employees what is commonly referred to as a
a Skellyconference. Here the employee has the right to respond orally and/or in
writing to the charges. The district’s Skelly a hearing officer is supposed to
be an objective official from the district. An employee has the right then to
appeal any imposed discipline to the personnel commission (or its hearing
officer), whose findings are binding upon the employee and the District.
The role of the governing board
In non-merit districts, the governing board’s management agents propose the
disciplinary action, providing the employee with written charges and five (5)
days to request a hearing. The Governing Board may hear the case or the parties
and may delegate the hearing to a hearing officer or arbitrator but the
governing board’s determination of the sufficiency of cause for disciplinary
action shall be conclusive.
Employee has right to representation
Classified employees have a right to be represented at all investigative
meetings that could reasonably lead to discipline and any meeting to challenge
the discipline. California Government Code section 3543.1(a)
Has the district violated your rights?
If you feel the district has violated your rights, contact a job steward,
chapter officer, or CSEA staff professional from your local field office, to
assist you in the enforcement of your rights. You may be able to file a
grievance or pursue civil action.
Full Brochure Available at this Link.