This series of documents and guidelines are intended to be a highly efficient resource for St. Francis Area School supervisors to work through the steps needed for a defensible disciplinary action. The goal of this resource is to provide supervisors with the quality tools and guidance needed to help improve an employee’s performance and build effective documentation. The progression of discipline operates under the presumption that an employee fails to modify a specific behavior. The progression of discipline is not a prescription for how supervisors must handle an occurrence but a description of available tools. Discipline requires a measured approach, appropriate to the context.

Supervisors may guide employees in the following manner:

Verbal Reprimand — Verbal Warning

Delivering a verbal warning is a good way to ensure an employee knows that they have made a mistake. An employee may not know they are in error and this method is quick and effective for minor course corrections. You may document the oral reprimand for your own record and to provide a copy to the employee. The documentation of an oral reprimand does not enter into an employee’s personnel file.

Special Employee Rights

• Provide a Tennessen Warning to the employee if you meet with the employee to collect facts that could result in discipline.

• Teachers have the right to an informal conference between the teacher, supervisor, and Union representative. This meeting will require a Tennessen Warning. Article XVIII Section 5. Subd. 2.

• Allow employees to have a representative attend the meeting regardless of union affiliation. You are not required to offer a representative. It is the employee’s responsibility to exercise this right.

• Oral reprimands may be grievable under Policy 507 and/or a collective bargaining agreement.

Privacy

Written documentation of an oral reprimand may be subject to disclosure to the public under Minnesota Statute 13.43. Supervisors will not provide an employee a written copy of the discipline for their records or signature; doing so has the effect of turning the discipline into a written warning.

Informal Letter

An informal letter such as a letter of directives or a letter of concern is a non-punitive non-disciplinary tool used by supervisors when a concern does not rise to the level of discipline but is not easily communicated or documented in a conversation or email.

Considerations

• This type of documentation will not normally be filed in the employee’s personnel record.

• Allow employees to have a representative attend the meeting regardless of union affiliation. You are not required to offer a representative. It is the employee’s responsibility to exercise this right.

• This action is not grievable unless the content or context violates a collective bargaining agreement or district policy.

• Provide a Tennessen Warning if the employee’s answers to the questions may lead to discipline.

Privacy

An informal letter and supporting documentation is not available to the public under Minnesota Statute 13.43.

Written Warning

The written warning is disciplinary action as defined by Minnesota Statute 13.43 and public record to anyone that requests to inspect or make a copy of the file. The written warning is a tool available to the supervisor when other interventions have failed to produce a desirable result or the level of behavior by the employee immediately rises to formal disciplinary action. All written warnings must be reviewed by the Director of Human Resources prior to the supervisor delivering the discipline.

Special Employee Rights

• Provide a Tennessen Warning to the employee if you meet with the employee to collect facts that could result in discipline.

• Teachers have the right to an informal conference between the teacher, supervisor, and Union representative. This meeting will require a Tennessen Warning. Article XVIII Section 5. Subd. 2.

• Allow employees to have a representative attend the meeting regardless of union affiliation. You are not required to offer a representative. It is the employee’s responsibility to exercise this right.

• The written warning may be grievable under Policy 507 and/or a collective bargaining agreement.

Privacy

The written warning and the supporting documentation is subject to disclosure to the public, the employee, and other employees under Minnesota Statute 13.43.

Administrative Leave

Supervisors may place an employee on immediate administrative leave, with pay, if they deem appropriate. This non-disciplinary action ensures the cessation of the behavior and allows the supervisor time to contact the Director of Human Resources for further guidance. This measure is appropriate to use where there are serious accusations, gross misconduct, or other serious concerns.

Considerations

• Contact the Director of Human Resources before placing the employee on administrative leave when doing so is not likely to exacerbate the situation.

• Contact the Director of Human Resources as soon as practical after placing an employee on administrative leave.

• Consider collecting witness statements and deliver Tennessen Warnings as needed.

• Consider the mental state of the employee. Is it appropriate to offer Employee Assistance Program (EAP) services to them?

• Is the employee in immediate danger to themselves or others?

• Are they capable of operating a motor vehicle?