Section 5-E1401. GROUNDS FOR ADVERSE ACTION

 

1401.1Adverse action shall be taken for grounds that will promote the efficiency and discipline of the service and shall not be arbitrary or capricious.

 

1401.2For purposes of this section, “just cause for adverse action” may include, but is not necessarily limited to, one (1) or more of the following grounds:

 

(a)Inefficiency;

 

(b)Grave misconduct in office;

 

(c)Incompetence, including either inability or failure to perform satisfactorily the duties of the position of employment;

 

(d)Willful nonperformance, or inexcusable neglect of duty;

 

(e)Insubordination including refusal to submit to a mental or physical examination authorized by the rules of the Board of Education or any law or regulation of the District government;

 

(f)On-duty use of drugs not prescribed for the using individual, or obtained illegally;

 

(g)Intoxication while on duty;

 

(h)Fraud in securing employment or falsification of official records;

 

(i)Dishonesty;

 

(j)Willful disobedience;

 

(k)Inexcusable absence without leave;

 

(l)Lack of dependability;

 

(m)Conviction of a felony;

 

(n)Discourteous treatment of the public, supervisor, or other employees;

 

(o)Political activity on school system grounds or while on duty, except as permitted by the Code of Laws of the District of Columbia, the U.S. Constitution, or the D.C. Board of Education rules;

 

(p)Misuse, mutilation or destruction of D.C. Board of Education property, funds, or public records;

 

(q)Engaging in a strike;

 

(r)Misuse of official position or unlawful coercion of an employee for personal gain or benefit;

 

(s)Other failure of good behavior during duty hours which is of such a nature that it causes discredit to the employee’s agency or employment;

 

(t)Violation of the rules, regulations, or lawful orders of the Board of Education or any directive of the Superintendent of Schools, issued pursuant to the rules of the Board of Education;

 

(u)Any other cause authorized by the laws of the District of Columbia;

 

(v)Other conduct during and outside of duty hours that would affect adversely the employee’s or the agency’s ability to perform effectively; or

 

(w)Conviction of a misdemeanor, when the conviction is based on conduct that would affect adversely the employee’s or the agency’s ability to perform effectively. A plea of guilty, or a conviction following a plea of nolo contendere, to a charge of a misdemeanor involving the specified conduct, shall constitute prima facie evidence of the elements of the misdemeanor.

 

(x)Harassment. An employee commits an offense under this provision when he/she engages in verbal or physical conduct or communication relating to an individual’s actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, political affiliation, disability, or source of income in a manner that denies or limits a student’s ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive environment for employees or others in the school environment such that it interferes with the employment duties of employees or the effective performance of the school-related functions of others.

 

(y)Sexual harassment. An employee commits an offense under this provision when he/she engages in conduct consisting of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature that denies or limits a student’s ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive environment for students, employees or others in the school environment such that it interferes with the employment duties of employees or the effective performance of the school-related functions of others.

 

(z)Retaliation for reporting harassment and sexual harassment. An employee commits an offense under this provision when he/she retaliates against any person who reports alleged harassment or sexual harassment, or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or sexual harassment. An employee retaliates against a person if, as a result of action taken by the employee described in the previous sentence, 1) such person is reasonably intimidated by verbal threats or physical conduct of the employee, or 2) such person is denied an opportunity, right or privilege to which he/she would otherwise be entitled, or 3) such person is subjected to detrimental treatment to which he/she would not otherwise be subjected.

 

1401.3An employee who is the subject of an adverse action shall be given notice of the ground(s) on which the adverse action is based.

 

1401.4The notice shall contain the reasons and basis for the ground(s) of the adverse action in sufficient detail to reasonably inform the employee of the specific grounds and reasons for the adverse action.

 

source

Final Rulemaking published at 24 DCR 6446, 6477 (February 3, 1978); as amended by Final Rulemaking published at 37 DCR 2125 (March 30, 1990); as amended by Final Rulemaking published at 37 DCR 6805 (October 26, 1990); and by Final Rulemaking published at 49 DCR 7513, 7515 (August 2, 2002).