The County Superintendent expects all employees to exhibit professional and appropriate conduct and serve as positive role models both at school and in the community. An employee may be suspended or disciplined for unprofessional or inappropriate conduct in accordance with law, LACOE's collective bargaining agreement, LACOE policy, and administrative regulation.
(cf. 4000 - Concepts and Roles)
(cf. 4112.5/4312.5 - Criminal Record Check)
(cf. 4117.4 - Dismissal)
(cf. 4119.21/4219.21/4319.21 - Professional Standards)
(cf. 4141/4241 - Collective Bargaining Agreement)
The County Superintendent or designee may take disciplinary action as he/she deems appropriate in light of the particular facts and circumstances involved and based on the severity of the misconduct.
The County Superintendent or designee shall ensure that, consistent with law, disciplinary actions are taken in a consistent, nondiscriminatory manner and are appropriately documented.
(cf. 1312.1 - Complaints Concerning LACOE Employees)
(cf. 4030 - Nondiscrimination in Employment)
(cf. 4032 - Complaints Concerning Discrimination in Employment)
(cf. 4112.6/4212.6/4312.6 - Personnel Files)
(cf. 4119.1/4219.4319.1 - Civil and Legal Rights)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
In accordance with law, the County Superintendent or designee shall notify the Commission on Teacher Credentialing when the status of a credentialed employee has been changed as a result of alleged misconduct.
(cf. 4117.7 - Employment Status Reports)
Dismissal
No permanent certificated employee shall be dismissed except for one or more of the following causes.
1. Immoral or unprofessional conduct, examples may include:
a. Insubordination including, but not limited to, refusal to perform reasonably assigned work or any other serious breach of discipline
b. Discourteous, offensive or abusive conduct toward other employees, pupils, or the public
c. Misuse or theft, destruction or mishandling of LACOE property or property of employees
d. Offering anything of value or any service to another LACOE employee in exchange for special treatment in connection with the employee's job or employment or the accepting of anything of value or any service in exchange for granting any special treatment to another employee or to any member of the public
e. Possession of opened alcoholic beverage containers, drinking alcoholic beverages, or being intoxicated while on the job, or unauthorized use of narcotics or habit-forming drugs not prescribed by a licensed physician
f. Engaging in unassigned political activities or personal activities during assigned hours of employment
g. Repeated or unexcused absence or tardiness after warning
h. Any willful failure of good conduct tending to injure the public service or its reputation with particular regard to students
i. Abandonment of position, which shall be interpreted to mean an absence without leave having been requested and granted in excess of three days, except in case of dire emergency
j. Refusal to accept changes in assignment, working hours, or work location provided that such changes were made in accordance with LACOE rules and regulations
2. Commission, aiding, or advocating the commission of acts of criminal syndicalism.
3 Dishonesty, including:
a. Abuse of leave privileges.
b. Knowingly falsifying any information supplied to the LACOE including, but not limited to, information supplied on application forms, employment records and other records.
4. Incompetency, including below standard work performance, a pattern of inefficiency, or continued negligence in the performance of assigned duties.
5. Evident unfitness for service, including physical or mental unfitness.
6. Physical or mental condition unfitting the employee to instruct or associate with children.
7. Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the State Board of Education or by the County Board of Education, including:
a. Persistent violation of or refusal to obey safety rules or other procedures applicable to the LACOE
b. Willful or persistent violation of LACOE rules and regulations or adopted and implemented procedures of a division or department when such procedures are made known to the employee in writing
8. Conviction of a felony or of any crime involving moral turpitude, including conviction
of a sex offense as defined in Education Code 44010 or a narcotics offense as
defined in Education Code 44011
9. Violation of Education Code 51530 or conduct specified in Government Code 1028
10. Knowing membership by the employee in any organization which advocates the overthrow of federal, state or local government by force, violence or other unlawful means as defined in Government Code 1028
11. Alcoholism or other drug abuse which makes the employee unfit to instruct or associate with children.
Legal Reference:
EDUCATION CODE
44008 Effect of termination of probation
44009 Conviction of specified crimes
44010 Sex offense - definitions
44011 Controlled substance offense - definitions
44242.5 Reports and review of alleged misconduct
44425 Conviction of a sex or narcotic offense
44660-44665 Evaluation and assessment of performance of certificated employees
44830.1 Criminal record summary certificated employees
44930-44988 Resignations, dismissal, and leave of absence, especially:
44940 Sex offenses and narcotic offenses; compulsory leave of absence
44940.5 Compulsory leave of absence
45055 Drawing of warrants for teachers
48907 Exercise of free speech, expression
48950 Speech and other communication
51530 Advocacy or teaching of communism
GOVERNMENT CODE
1028 Overthrow of the government
3543.2 Scope of representation
HEALTH AND SAFETY CODE
11054 Schedule I; substances included
11055 Schedule II, substances included
11056 Schedule III, substances included
11363 Peyote
11364 Opium
11370.1 Possession of controlled substances with a firearm
PENAL CODE
187 Murder
291 School employees arrest for sex offense
667.5 Prior prison terms, enhancement of prison terms
1192.7 Plea bargaining limitation
CODE OF REGULATIONS, TITLE 5
80303 Reports of change in employment status
80304 Notice of sexual misconduct
COURT DECISIONS
Crowl v. Commission on Professional Competence, (1990) 225 Cal. App. 3d 334
Management Resources:
COMMISSION ON TEACHER CREDENTIALING PUBLICATIONS
California's Laws and Rules Pertaining to the Discipline of Professional Certificated Personnel, 2007
WEB SITES
CSBA: http://www.csba.org
Commission on Teacher Credentialing: http://www.ctc.ca.gov
Policy LOS ANGELES COUNTY OFFICE OF EDUCATION
adopted: March 15, 2013 Downey, California