Finding the Facts - Disciplinary and Harassment Investigation

Any permanent or probationary employee may be dismissed, demoted, or suspended for the following causes:

a) Immoral conduct.

b) Unprofessional conduct.

c) Dishonesty.

d) Incompetency.

e) Addiction to the use of controlled substances.

f) Failure or refusal to perform the normal and reasonable duties of the position.

g) Conviction of a felony or conviction of any misdemeanor involving moral turpitude.

h) Fraud in securing appointment.

i) Drunkenness on duty.

j) Violence or threats of violence in the workplace.

In addition, the source of the allegations of misconduct should be considered. For example, an anonymous letter claiming that an employee had parked a district vehicle in a “No Parking” zone would not necessarily justify an investigation of such an allegation. (However, a brief conversation with the implicated employee might well be in order). On the other hand, an anonymous letter alleging that an employee of a finance office has been seen removing money from a cash register and putting it in his pocket should prompt an investigation. If alleged misconduct involves harassment, discrimination, retaliation, or other illegal conduct including whistleblower retaliation, it is important that the district investigate and take prompt corrective action if warranted. Failure to conduct a prompt, fair, and thorough investigation in such cases could subject your district to liability under both federal and state law. Further, if allegations of harassment or discrimination are presented to a district in a formal complaint, Title 5 regulations require that an investigation be conducted within prescribed time lines (discussed in section 2.C below).

Be aware of any deadlines for completing the investigation and responding to the complainant. Investigators should review any applicable district policies, regulations, or Title 5 sections. 3

LCW Practice Advisor

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 7