Employee standards of conduct are necessary to provide students with a positive example of adult behavior and an orderly instructional environment.
"Progressive discipline," meaning imposition of the least severe sanction that the Board determines, in its sole discretion, to be likely to prevent a recurrence of the offense, will be utilized to address employee conduct issues. If the Corporation finds facts that support the use of progressive discipline, the Corporation may impose a penalty which may include, but not be limited to one or more of the following:
A. Verbal counseling/oral warning in which a verbal conference between the employee and his/her supervisor is held.
B. A written warning which is a formal notice of a performance problem or inability to follow established policy. This notice serves as a warning that continued infractions will not be tolerated and may result in recommendation for discharge.
C. Probation for a period of time determined by the supervisor in connection with the written warning.
D. Suspension without pay imposed in compliance with the applicable Indiana statutes.
E. Termination imposed in compliance with applicable Indiana statutes.
The Corporation reserves the right to terminate employment or make other exceptions to the principle of progressive discipline contained in this policy where the interests of students and the school community make the application of the principle of progressive discipline inappropriate. Examples include, but are not limited to the following:
A. Reporting for duty under the influence of an alcoholic beverage, an illegal drug, or a prescription drug used other than in accordance with a prescription.
B. Possession or use of alcoholic beverages or drugs on school property or at a school-sponsored event.
C. Willful refusal to follow established rules or standards.
D. Theft, fraud, or another violation of criminal law.
E. Arrest and subsequent conviction of a crime.
F. Falsification or omission of a material fact in the application for employment by the Board
G. Threats of and/or acts of violence to a person or substantial property damage.
H. Poor professional judgment resulting in a significant risk of harm.
I. Harassment or discrimination in violation of applicable Board policy.
Employees of the Board who are paid on a "salary basis" are subject to suspension without pay, and such suspension shall not negate the employee’s exemption from the Fair Labor Standards Act overtime provisions pursuant to 29 C.F.R. 541.303.
I.C. 20-28-6 and 7.5
I.C. 20-28-9-21
29 C.F.R. 541.303
Delaware Community School Corporation
Adopted: 3/07/2022
Revised: