ARTICLE 28

 

DISCIPLINE SHORT OF DISMISSAL

 

 

 

28.1.          The District shall have the right to suspend an employee without pay for just cause and according to the principles of progressive discipline. The parties agree that progressive discipline means the level of discipline should be tailored to fit the severity of the infraction; therefore, a serious infraction can result in the imposition of a higher level of discipline without the requirement for preceding lesser forms of discipline.

 

28.2.          The District may not withhold pay from a suspended employee until either the time limit for the filing of a grievance over the suspension ends without the employee filing a grievance, or the appropriateness of the suspension is upheld through the grievance process. This in no way limits the right of the District to suspend an employee immediately pursuant to this Article.

 

28.3.          The maximum length of any one such suspension shall be fifteen working days, provided, however, that this shall not limit the District's right to impose a suspension without pay of less than fifteen working days.

 

28.4.          The District shall notify the employee (and the Association upon written request of the employee) of its intention to suspend. This notice shall contain a specific statement of the act(s) or infraction(s) upon which the proposed suspension is based, and a statement of the employees' right to appeal the proposed suspension through the grievance procedure. All information or proceedings regarding any actual or proposed suspension shall be kept confidential by the parties.

 

28.5.          Suspensions without pay shall not reduce or deprive the unit

                  member of health and welfare benefits.

 

28.6.          This Article shall not apply to the imposition of discipline pursuant to

                  the provisions of Education Code sections 44939, 44940 and

                  44942.