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3139 Policy_Staff Discipline

The Board of Education retains the right and the responsibility to manage the work force. When the discipline of a
staff member becomes necessary, such action shall be in proportion to the employee’s offense or misconduct,
consistent with any procedural and substantive due process rights of the individual, as well as the requirements of
any applicable Board policy, individual contract, and State and Federal law. The Administration shall not issue any
discipline which, in the judgment of the Board of Education, is arbitrary or capricious.
 
Investigation of Possible Criminal Activity
 
The District may be required to investigate potential wrongdoings on the part of its employees. Such investigations
may require that the employee answer questions relating to the activity. Employees may be required to answer
such questions. Failure to cooperate in an investigation may result in discipline, up to and including termination of
the employee. In cases where this possible wrongdoing may involve criminal activity, the District shall inform the
employee that answers to questions relating to the employee's conduct may be used by the District for
determining appropriate discipline, but will not be provided to law enforcement officials in the course of their
independent criminal investigation, unless otherwise required by law. Employees must also be informed that
refusal to answer questions may be considered in determining discipline.
 
Franklin v. City of Evanston, 384 F.3d 838 (7th Cir. 2004)
Garrity v. New Jersey, 385 U.S. 493 (1967)
 
See also Policy 3141.
 
Revised:  August 29, 2011
Approved/Adopted:  July 13, 2009
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Shari Weinstock,
Aug 29, 2011, 12:11 PM