LETTERS OF COUNSEL: PROGRESSIVE DISCIPLINE

PURPOSE

Misconduct and violations of District policy are addressed through progressive discipline. In general, violations must first be brought to the employee’s attention through a verbal counseling or a written counseling memo. When the employee fails to show significant improvement, the counseling memos will be used to support formal discipline.

SCOPE

This procedure applies to all employees of the Schenectady City School

• Tenured instructional staff are disciplined under Education Law Section 3020-a and the terms of the SFT collective bargaining agreement

• Non-tenured instructional staff is at-will employment, however, the terms of collective bargaining agreements must be followed

• Civil Service staff are disciplined in accordance with Section 75 of the Civil Service Law and the terms of the governing collective bargaining agreement

ADMINISTRATION

This procedure is administered by the employee’s supervisor. Each supervisor is responsible for ensuring this process is followed, and for communicating this procedure to new persons assuming the duties.  If you are issuing a written counseling memo, please contact the Office of Human Resources and make sure any counseling memo is placed in the employee’s personnel file.  

REFERENCE

Board Policy 6213.1: Disciplining of a Tenured Teacher 

Civil Service Law section 75

Education Law Section 3020-a

Applicable Collective Bargaining Agreements 

CONTACT

Assistant Superintendent for Human Resources and Professional Learning
Office of Human Resources, 530 Liberty St., Schenectady, NY 12305
(518) 370-8100 Option 3

PROCEDURE

When you become aware that an employee may have violated a policy, acted inappropriately, or failed to meet expectations it is necessary to take the following steps

.Gather the facts

• Speak with individuals who have first-hand knowledge of the suspected violation.
  

• Gather witness statements from first-hand witnesses.
  

• Pull all prior counseling memos, and dates when you have spoken to this employee addressing expectations or previous violations expectations.
  

• Matters of the following nature must be escalated to Central Office Human Resources: harassment, sexual harassment, discrimination, theft, alcohol & illegal substance abuse, fraud, and violence.
  

• Meet with the employee and invite his/her union representative.
  

• Present the concerns to the employee and give him/her an opportunity to explain.
  

• Make reference to direct statements received from witnesses and/or other supporting documentation

• Ask questions and probe when necessary to fully understand the circumstances.
  

• When appropriate, advise the employee that since this is a confidential employee matter, it should not be discussed with others (with the exception of his/her union), in order to avoid causing unnecessary disruption.
  

• Consider all the facts and determine whether or not a violation occurred.
  

• If a violation occurred, address the misconduct using a Counseling Memo.  If the employee has already been counseled, contact the Office of Human Resources to determine next steps.
  

• For tips on writing a Counseling Memo, contact the Office of Human Resources.
  

• Utilize the Counseling Memo templates from the Office of Human Resources.
  

• Hold a meeting with the employee and invite his/her union representative to present. The counseling memo must  advise the employee of your expectation for their improvement and provide suggestions on how to improve their behavior and/or performance.
  

• The meeting should be held in a timely manner, so as to correct the behavior as soon as possible.
  

• Employees have the opportunity to respond during the meeting, or supply a written response, which will be attached to the Counseling Memo. If the employee’s response contains inaccurate or misinformation, take the opportunity to advise the employee and provide correct information.
  

• Completed Counseling Memos (and supporting     documents such as witness statements and any response provided by the employee) should be  emailed to the Office of Human Resources in order to be included in the employee’s personnel file.
  

•  It is recommended that you keep a copy for your records, or notate the date and action taken, so that it may be referenced for future counseling.
  

Be Mindful of the Following

Counseling Memos are an essential step in the progressive discipline process. This step not only makes the employee aware of concerns/ violations, but it gives the employee an opportunity to improve areas which are deemed unsatisfactory. To preserve the integrity of the process, be sure to keep in mind the following:

• Be fair and consistent

• The District prohibits targeting or singling out specific employees or groups of employees.
  

• Enforce the same expectations to all, consistently

• Retaliation will not be tolerated

• The District prohibits retaliation for engaging in any protected activity
  

• Partner with Human Resources if the employee explains that the misconduct was a result of, or attributed to a medical matter

• Address concerns in a timely manner

• Address issues as soon as possible

Pursuing Disciplinary Charges

If counseling memos fail to result in significant improvement, contact the Office of Human Resources to discuss taking further action.

In order to successfully pursue disciplinary charges, the District needs to demonstrate that:

• The employee has been made aware that they violated District policy or that their conduct, performance, or attendance is unsatisfactory and must improve

• The employee was given reasonable opportunities and time to improve

• The employee continued to violate policy or failed to show significant improvement

• The violation was so severe that it is appropriate to escalate directly to disciplinary charges; examples include harassment, sexual harassment, discrimination, theft, alcohol & illegal substance abuse, fraud, and violence.

  If you have any questions, feel free to call Human Resources: 370-8100 Option 3.