DCD(REGULATION) - EMPLOYMENT PRACTICES: AT-WILL EMPLOYMENT

The District practices a progressive disciplinary approach to performance problems of at-will employees in order to allow employees the opportunity to improve. However, sometimes after repeated efforts to work with an employee or after an egregious or unlawful incident, a supervisor recommends termination of the at-will employee. When a supervisor recommends termination of an at-will employee, the following steps will be followed.

Step One: Notification of Potential Termination

The principal or supervisor will notify the associate superintendent or appropriate supervisor and the employee relations coordinator of the recommendation for termination. The supervisor will explain the situation leading to the recommendation and describe the corrective interventions that have been used, if appropriate.

Step Two:

Review of Proposed Termination

The supervisor will provide the employee relations coordinator copies of supporting documentation, including such items as: performance evaluations, completed corrective action forms, memorandum of concern, written directives, summary memos, meeting summaries, investigation reports, and the like.

Step Three: Meeting with Employee

The principal or supervisor and the employee relations coordinator will meet with the employee to explain reasons for the performance concerns and to give the employee an opportunity to provide additional information for consideration. The employee may bring a representative to this meeting. Prior to the meeting, copies of the supporting documentation will be provided to the employee upon request. Following the meeting, the employee relations coordinator and the principal or supervisor will consider all of the information and make a recommendation for the individual's employment status. The employee relations coordinator may determine that additional information or investigation is needed before making an employment decision.

Step Four:

Legal Review

The District's senior school law attorney will review the recommendation for termination, including all supporting documentation.

Step Five:

Approval of the Termination

The supervisor of recruiting and staffing will give the final approval for the termination recommendation.

Step Six: Notification of Termination of Employee

The employee relations coordinator will notify the employee of his/her termination, including information regarding the process for appeal of the termination to the executive director of human resources. Requests for appeal must be filed on the appeal form within five workdays of the notice of termination.

Step Seven:

Appeal Hearing

The executive director of human resources will schedule an appeal hearing within five workdays of receipt of the request for appeal. Following the appeal hearing, the executive director of human resources will render a decision in writing within five workdays. The employee may bring a representative to this meeting.

Step Eight:

Filing a Grievance

If an employee's termination is upheld during the appeal hearing, the employee may file a grievance pursuant to Board policy DGBA(LOCAL). A grievance filed as a result of termination of employment will receive a jurisdictional referral to LEVEL THREE of DGBA(LOCAL) with the Superintendent or designee.

Austin ISD

DCD(REGULATION)-X

LDU 2010.01

DATE ISSUED: 1/14/2010