(See also Evaluation-Classified)

• “Classified employee” shall mean an employee of the District who provides those services not performed by professional educators or licensed teachers, which are necessary for the efficient and satisfactory functioning of the District. 

• “Full-time classified employee” shall mean a classified employee who regularly works the standard period of labor which is generally understood to constitute full-time employment for the type of services performed by the employee and who is employed by the District for a minimum of one hundred seventy-two (172) days per year. 

• “Suspension without pay” shall mean the temporary denial of a classified employee’s right to work and receive any pay and other benefits during the term of the suspension. “Suspension without pay” may be used as a disciplinary measure as provided for in this policy or as a suspension pending investigation as provided for in this policy. If a final decision is made under the procedures stated below that a suspension without pay was improper, the classified employee shall receive full pay and other benefits for the period of suspension, provided that nothing herein shall entitle the classified employee to compensation or other benefits past the date of expiration of the classified employee’s contract. 

• “Suspension with pay” may occur in those situations in which the Superintendent or designee, or a supervisor of the classified employee perceives a significant hazard in keeping the classified employee on the job, in which event the classified employee may be asked to immediately leave the District’s premises and the classified employee is temporarily relieved of his/her duties pending a hearing as specified below. 

• “Demotion” shall mean a reduction in pay during the term of the classified employee’s contract “Demotion” shall not mean a change in job description or work assignment or duties. 

• “Termination” shall mean the discharge of the classified employee from his/her employment with the District during the term of his/her contract and does not include the cessation of employment upon expiration of the classified employee’s contract. 

A full-time classified employee who has been employed by the District for more than one (1) year shall be suspended, demoted, terminated or non-reemployed during the term of his/her contract only for cause as provided in this policy. In addition to the definition of cause stated in this policy, “cause” shall also specifically include lack of funds or lack of work.

Any classified employee who has been employed by the District for less than one (1) year (12 months) is not entitled to invoke the procedures of this policy and such employee’s contract can be terminated at any time without cause. 

A classified employee may be suspended, demoted, terminated or non-reemployed for causes

including, but not limited to, the following list of violations, rules, and regulations:

• inappropriate verbal or physical interaction with students or staff; immoral conduct or  indecency including abusive and/or foul language; harassment, threatening, intimidating, coercing or interfering with employees or supervisors at any time; threatening, intimidating, coercing or exploiting students or others connected with the District; wrongdoing or dishonesty of any kind, including withholding pertinent information from a supervisor; violation of a law or regulation; sexual harassment of an employee, a student or a third party such as a patron or vendor; engaging in discriminatory conduct (including discrimination based on race, religion, color, national origin, sex, sexual orientation, gender expression, gender identity, pregnancy, disability, genetic information, veteran status, or age) against an employee, student, or third party;

• improper time card and clock activities; clocking in or out on another employee’s time card or time sheet; abuse of “breaks” (rest periods) or meal period policies; excessive tardiness and/or absenteeism; excessive or unexcused absenteeism for any reason; chronic tardiness; unexcused failure to be at work station at starting time; leaving work station without authorization for any reason; unauthorized absence from work station during working hours; wasting time or loitering during working hours; walking off job or abandonment of job (3 or more consecutive or non-consecutive absences in a rolling 6-month period without following the proper reporting procedures); misuse or abuse of any school district leave policy or guidelines; 

• unauthorized or inappropriate use of electronic equipment; excessive personal calls during working hours, except for emergencies (this includes incoming and outgoing calls); excessive electronic communication, including text messaging and internet usage;

• smoking or using tobacco products in an unauthorized area, including the use of e-cigarettes, personal vaporizes and other similar devices, regardless of whether those devices are used with cartridges containing nicotine; possession, consumption or reporting to work under the influence of beer, alcoholic beverages, non-prescribed drugs, or controlled dangerous substances; possession of weapons on school premises, in school district vehicles or while on duty;

• refusal or failure to do work assignment or follow instruction of work supervisor; unsafe

operation of motor vehicles, machines or equipment, and disregard of known safety rules or

common safety practices during performance of any task; unauthorized operation of machines,

tools, or equipment; poor performance; distracting the attention of others; creating disturbances

on the premises at any time including but not limited to engaging in quarrelsome behavior and fighting; creating or contributing to unsanitary conditions; violation of a policy or rule enacted to ensure orderly and proper job performance or for the safety of self or others; actions or omissions that jeopardize the health, safety, life or property of self or others; operating machines or equipment without using the safety devices provided, intentional act or omission which constitutes a material or substantial breach of job duties, responsibilities or obligations;

• falsification of personnel or other records; making or publishing false, vicious, or malicious

statements concerning any employee or supervisor; sabotage; gambling, lottery, or any other game of chance on District property; practical jokes injurious to other employees, 

students, or District property; removing, abusing, misusing, or defacing of District, employee or student property; removing District property or records from District premises without authority; theft or misappropriation of property of employees, students, or of the District; unauthorized posting, removal, or distribution of printed matter on District premises;

• violation of a law or regulation; conduct which the employee knew or should have reasonably known was a violation of school rules or policies;

• refusal of job transfer within the District, if transfer does not result in a demotion;

insubordination of any kind; violation of any District rule, policy, or administrative order; receiving two (2) admonishments, verbal or written, for any misconduct within sixty (60) days, or receiving three (3) admonishments, verbal or written, for any misconduct within six (6) months.

When it is in the best interest of the District, any classified personnel may be suspended, demoted, terminated or non-reemployed.

Procedures for Suspensions Without Pay, Terminations, and Demotions 

Any full-time classified employee is subject to disciplinary action in the form of a suspension without pay, demotion or termination. Prior to instituting any such disciplinary action, the full-time classified employee shall receive the following hearing rights:

1. The Superintendent or designee shall orally advise the classified employee of the cause or basis for the proposed disciplinary action;

2. The Superintendent or designee shall explain to the classified employee the evidence against the classified employee;

3. The Superintendent or designee shall allow the classified employee an opportunity to present his/her side of the matter.

After the classified employee is afforded the above hearing rights, the Superintendent or designee may take any of the following actions:

1. Suspension without pay for ten (10) working days or less as a disciplinary measure;

2. Suspension without pay pending investigation as to whether cause exists for the termination of the classified employee;

3. Demotion of the classified employee; 

4. Termination of the classified employee; or

5. No disciplinary action is appropriate. 

If a classified employee is suspended without pay pending an investigation as to whether termination is appropriate then within five (5) working days after the effective date of the suspension without pay such investigation must be completed and the Superintendent or designee shall afford the classified employee a second hearing with the same hearing rights as set forth in this policy. 

After the second hearing, the classified employee shall either be reinstated with back pay and other benefits, suspended without pay as a further disciplinary measure not to exceed a total of ten (10) working days including the initial days of suspension without pay, demoted or terminated. 

The classified employee shall have the right to appeal to the Board of Education a suspension without pay as a disciplinary measure, a demotion or a termination as set forth in the procedures for appeal to the Board of Education below.

Procedures for Non-Reemployment

Prior to being non-reemployed, a full-time classified employee who has been employed by the District for more than one (1) year shall be entitled to the following hearing rights:

The Board of Education, Superintendent, or designee shall advise the classified employee, in writing, of the Board’s intention not to reemploy the classified employee for the subsequent fiscal year;

The written notification shall set out the cause(s) for such action;

The classified employee shall have the right to contest his/her non-reemployment before the Board of Education as set forth in the Procedures for Appeal to the Board of Education below.

Procedures for Appeal to the Board of Education

After any suspension without pay, or prior to the effective date of any demotion or termination during the term of his/her contract, the classified employee shall receive notice of his/her right to a hearing before the Board of Education as herein provided. All notices shall be hand-delivered or sent to the classified employee by certified mail at the address of the classified employee shown on the school records.

A classified employee who has been notified in writing of his/her suspension without pay, demotion or termination during the term of his/her contract or non-reemployment may notify the Clerk of the Board of Education within ten (10) working days of hand-delivery or, if mailed, the postmark on the notice if the classified employee desires a hearing before the Board of Education. If the classified employee fails to notify the Clerk of the Board of Education in writing within ten (10) working days of hand-delivery or  the postmark on the notice that the classified employee requests a hearing, the classified employee shall be deemed to have waived the right to a hearing and the suspension without pay, demotion or termination action shall be final and the Board may take final action to non-reemploy the employee without further notice or hearing rights. All notices required herein shall be hand-delivered or mailed by certified mail. The date of hand-delivery or postmark shall be used to determine the timeliness of the notice.

Hearing Before Board of Education

Upon timely notice as set forth above, the classified employee shall be entitled to a hearing before the Board of Education. The hearing shall be conducted at the next, or next succeeding, regularly scheduled meeting if the request for the hearing was received at least ten (10) days prior to the next, or next succeeding, regularly scheduled Board of Education meeting. At the request of the classified employee or at the discretion of the Board of Education, the Board of Education shall call a special meeting to conduct the requested hearing, which special meeting shall be held no earlier than ten (10) days nor later than thirty (30) days after receipt of the classified employee’s request.

It is the intent of the Jenks Board of Education to provide two and one-half (2 1/2) hours (total time) for the opening statement, presentation of evidence, cross-examination, and closing statement for each side in a classified employee due process hearing. If the representative of either side desires additional time, rationale for that additional time shall be provided to the School Board at the beginning of the hearing process. Both sides and individual Board members may address this issue. The Board will consider the request and vote to set a reasonable time for each side based on the information provided by the parties and the totality of the circumstances. To the extent possible, the Board will seek to obtain an agreement from the parties as to a reasonable time limit. Appropriate decorum should be exhibited by all spectators at all times. Spectators are permitted to silently observe the proceedings, since a personnel hearing is a quasi-courtroom setting. Clothing, signs, or any other items that communicate support for any issue to be decided by the Board will not be permitted.

At the hearing before the Board of Education, the classified employee shall be entitled to be represented by counsel, to cross-examine witnesses presented by the District, to present witnesses on his/her behalf and to present any relevant evidence or statement which the classified employee desires to offer. The hearing shall be conducted in open session. The hearing shall commence with a statement to the classified employee of his/her rights at the hearing. Following this statement, the school administration shall present facts showing the cause for the classified employee’s suspension without pay, demotion, termination or non-reemployment. The burden of proof shall be upon the school administration. The classified employee shall then have the right to present his/her side of the matter.

After both the school administration and the classified employee have fully presented their respective positions, the Board of Education shall deliberate on the evidence in executive session. The Board of Education shall announce its finding and decision immediately in open session by individual voice vote.

The decision shall be made by a majority of the Board of Education members present at the meeting.

As to suspension, demotion or termination, the Board of Education may affirm, modify or reverse the action taken against the classified employee, including increasing or decreasing the severity of the original action. As to non-reemployment, the Board may reemploy or non-reemploy the employee for the subsequent fiscal year.

The decision of the Board of Education at the hearing shall be final and non-appealable.

Revised by the Board of Education May 2006

Revised May 2007

Revised May 2011

Revised June 2013

Revised June 2015

Revised April 2016