Staff who fail to fulfill their job responsibilities or follow the reasonable directions of their administrators or who conduct themselves on or off the job in ways that affect their effectiveness on the job or who otherwise act in such a way that the law determines to be insufficient shall be subject to discipline.  Laws, regulations, district policies and procedures, and bargaining agreements serve as foundational documents to govern sufficient cause for disciplinary action and discharge of employees. As such, behavior, conduct or action which may result in disciplinary action or discharge may include, but is not limited to:

• Incompetence;
• Inefficiency;
• Misappropriation or misuse of district property;
• Neglect of duty;
• Insubordination;
• Conviction/guilty plea of any crime that adversely affects the employee’s ability to perform a job including any felony crime involving:
  • The physical neglect of a child;
  • The physical injury or death of a child;
  • Sexual exploitation of a child;
  • Sexual offenses;
  • Promotion of a minor for prostitution purposes; or
  • The sale or purchase of a minor child
  • Any employee who pleads guilty or is convicted of one of the above offenses, or any other workplace-related crime, must report this in writing to the Superintendent within five calendar days of the conviction or guilty plea
• Malfeasance;
• Misconduct;
• Inability to perform job functions;
• Willful violation of district policies and procedures or laws and regulations;
• Mistreatment, abuse, boundary violation or assault of fellow workers, students, or members of the public;
• Conflict of interest;
• Abuse of leave;
• Sexual harassment, verbal abuse, physical abuse or sexual misconduct;
• Manufacture, possession, distribution, sale or being under the influence of alcohol, controlled, illegal, addictive or harmful substances including anabolic steroids;
• Conduct (on or off the job) that has a substantial negative impact on performance;
• Mental or physical inability to perform the essential job duties;
• Intemperance;
• Intentional discrimination;
• Vulgar speech or actions;
• Use of habit forming drugs without pharmaceutical prescription by a doctor of medicine licensed to practice in the State of Washington;
• Use of alcoholic beverages on district premises or at a district sponsored activity off the district premises; or
• Use of district supplies and equipment for personal betterment or financial gain or other improper purposes

Discipline shall be reasonably appropriate to the circumstances but may include suspension or discharge. 

The district will not request, require or otherwise compel or coerce an employee to:

• Disclose login information for the employee’s personal social networking account; or
• Access their personal social networking account in the presence of a supervisor or other district employee; or
• Add a district supervisor or employee to the account’s list of contacts; or
• Alter the settings on the employee’s personal social networking account to affect a third party’s ability to view it.

The district may not take adverse action against an employee for refusal to comply with any of the above actions.

However, the district may request or require the employee to share content from his or her personal social networking account if:

• The district requests the content to make a factual determination during the course of an investigation; and
• The district undertakes an investigation regarding the employee’s activity on his/her personal social networking account; and
• The purpose of the investigation is to ensure compliance with all applicable laws or investigate an unauthorized transfer of district proprietary information, confidential information or financial data to the personal social networking account; and
• The employer does not request or require the employee to provide their login information

In the event that allegations or charges are made against a staff member for misconduct with minors, the superintendent may contact the child protective services central registry for evidence regarding the staff member as an adjudicated or admitted perpetrator of child abuse or neglect.  Appropriate reports will also be made to law enforcement, the Office of the Superintendent of Public Instruction, and the student’s parents/guardians, as required by law.  

Abuse and Sexual Misconduct
The district shall not enter into any contract that is contrary to law to suppress information about verbal or physical abuse or sexual misconduct by a present or former employee, and the district will comply with all legal requirements regarding such misconduct.

In cases where the allegations involve violations of the state professional code of conduct for certificated staff, the superintendent shall file a report with the office of professional practice in the state superintendent’s office.  When the district or superintendent discharges, fails to renew the contract or permits a certificated staff member to resign, the superintendent shall notify the state board of education of such termination of employment.

Suspension of Staff
The superintendent/designee is authorized to suspend a staff member immediately, as deemed appropriate.

District Cross Reference:
Equity Policy – Policy 0010
Workplace Environment and Culture – Policy 5000
Certification Revocation - Policy 5006
Evaluation of Staff -  Policy 5240
Termination of Employment - Policy 5280

WSSDA Cross References:
Disciplinary Action and Discharge - Policy 5281

Legal Reference:
Hiring and discharge of employees—Leaves for employees – Seniority and leave benefits, transfers between school districts - RCW 28A.400.300
Notice of discharge to contain notice or right to appeal if available - RCW 28A.400.340
Adverse change in contract status of certificated employee—Determination of probable cause—Notice—Opportunity for hearings -  RCW 28A.405.300
Adverse change in contract status of certificated employee, including non-renewal of contract—Hearings—Procedure - RCW 28A.405.310
Revocation of authority to teach - RCW 28A.410.090
Mandatory termination of classified employees - RCW 28A.400.320
Mandatory termination of certified employees - RCW 28A.405.470
Personal social networking accounts—Restrictions on employer access—Definitions - RCW 49.44.200
Professional Certification—Policies and procedures for administration of certification proceedings - WAC 181-86
Acts of Unprofessional Conduct WAC - 181-87
Drugs and alcohol—Use of as cause for dismissal - WAC 180-44-060

​​​​​​​Management Resources:
Policy & Legal News - December 2015

Highline School District 401
Adopted by the Board: August 2000
Revised by the Board: 3.04, 6.12, 9.15, 2.16, 11.19
​​​​​​​Classification: Discretionary