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Policy Manual

4120 - Employment, Discipline, and/or Termination of Instructional Support Staff

Definitions

  A. Educational Support Employees
    Any person except casual or temporary employees, whose duties require 20 or more hours in each normal working week and who, by virtue of his/her position of employment is not required to be certified by the Department of teacher assistant or aid, an educational paraprofessional, secretary or clerical employee, or in the Business, Facilities, Human Resources or Information Technology Divisions.

 

  B. Confidential Position
    Any position filled by an educational support employee that is designated as confidential by the Superintendent based on the nature of the duties assigned to the position. These duties may include responsibility for assisting managers and supervisors in personnel, labor relations, procurement, division or department level management or other matters requiring confidential communications. Confidential positions include the following:

 

    1. Secretary 4

 

    2. Administrative Secretary

 

    3. Executive Secretary to Deputy Superintendent

 

    4. Senior Administrative to Deputy Superintendent

 

    5. Executive Secretary, Office of External Communication

 

    6. Executive Secretary, Assistant Superintendent for Human Resources

 

    7. Executive Secretary, Professional Standards

 

    8. Executive Secretary, Employee Benefits

 

    9. Executive Secretary, Procurement

 

    10. Executive Secretary, Security

 

    11. Executive Secretary, Transportation Office

 

    12. Clerk 4, Superintendent’s Office

 

    13. Superintendent’s Secretary

 

  C. Management Position
    Any position filled by an educational support employee whose primary duty is the supervision or management of employees or major assets of the District, the oversight of contracts to which the School Board is a party, or activities performed pursuant to such contracts. Management positions include the following:

 

    1. Accountant 2, 3, 4

 

    2. Analyst 2, Personnel

 

    3. Analyst 2, Risk Mgmt

 

    4. Analyst, Div Sys Procedures

 

    5. Analyst, Geo Info Sys Research

 

    6. Analyst, Programmer

 

    7. Analyst, Research Dev Res

 

    8. Analyst Sys Proc

 

    9. Analyst, Technology

 

    10. Architect 3

 

    11. Area Supervisor, Customer Operations

 

    12. Associate TV Prod Dir

 

    13. Assistant Dept Mgr Sites, Utilities

 

    14. Asst Dept Mgr, HVAC

 

    15. Asst Mgr, Security

 

    16. Asst Unit Mgr, Communications & Electronics

 

    17. Computer Programmer

 

    18. Engineer, Electrical

 

    19. Engineer, Mechanical

 

    20. Mgr, Dist Acctg

 

    21. Mgr, Fla Bldg Code

 

    22. Mgr, Furniture Proj

 

    23. Mgr, Prof Stds Investigators

 

    24. Mgr, Maint, Unit

 

    25. Mgr, Program

 

    26. Mgr, Property Closer

 

    27. Mgr, Property Control

 

    28. Mgr, Safety & Risk Mgmt

 

    29. Nurse, Advance Registered Practice

 

    30. Officer, Procurement

 

    31. Officer, Procurement Compliance

 

    32. Officer, Supplier Diversity

 

    33. Physician

 

    34. Project Coordinator, Schedules and Standards

 

    35. Sr Analyst, Fiscal

 

    36. Sr Analyst, Network Communications

 

    37. Sr Computer Programmer

 

    38. Sr Officer, Procurement

 

    39. Shift Supervisor, Computer Operations

 

    40. Shop Supervisor, Fleet Maintenance & Repair

 

    41. Specialist, Area Student Nutrition

 

    42. Specialist, Technology

 

    43. Supervisor, Computer Operations

 

    44. Supervisor, Customer Operations

 

    45. Supervisor, Electrical Technology

 

    46. Supervisor, Field Operations

 

    47. Supervisor, Routing and Planning

 

    48. Supervisor, Safety and Training

 

    49. Supervisor, Technology Services Support

 

    50. Supervisor, Warehouse & Purchasing

 

    51. Technical Support Field Representatives

 

    52. Unit Manager, Maintenance

 

Probationary Status

All educational support personnel will be employed on a probationary status for the period set forth in an applicable collective bargaining agreement or, in the absence of an applicable collective bargaining agreement, for the period set forth in applicable Board rule.

Upon successful completion of the probationary period, the educational support employee's employment will continue from year to year unless terminated for one or more of the reasons set forth below.

Reasons for Termination

Any educational support employee whose position is subject to a collective bargaining agreement may be terminated for one or more reasons set forth in the applicable collective bargaining agreement.

Any educational support employee whose position is not subject to a collective bargaining agreement, except those employed in a confidential or management position may be terminated for one or more of the following reasons:

  A. Failure to perform or to satisfactorily perform the duties of his/her position.

 

  B. Illegal possession, sale or use of drugs on or off duty.

 

  C. Possession, use or being under the influence of drugs or alcohol while on duty.

 

  D. Possession or use of any weapon while on duty.

 

  E. Committing, pleading guilty to, being convicted of, pleading no contest to, or agreeing to any intervention or diversion program involving, a felony, a misdemeanor involving moral turpitude, any offense listed in F.S. 1012.315, or any other crime for conduct that is inconsistent with the duties of the employee's position.

 

  F. Falsification or alteration of any employment document or paperwork, forms, certifications or certification or providing false information.

 

  G. Inability to perform the essential duties of the employee's position with any reasonable accommodation required by law.

 

  H. Unexcused absence from work or duties.

 

  I. Harassment or bullying of any student, employee or member of the public.

 

  J. Inappropriate relationship with a student.

 

  K. Any act of child abuse.

 

  L. Inappropriate interactions with a student, co-worker or member of the public, including but not limited to a physical or verbal altercation.

 

  M. Theft, embezzlement or misappropriation of Board monies or property.

 

  N. Failure to comply with Board policy, any applicable Federal, State or local law, rule or regulation or applicable contract.

 

  O. Use of any tobacco product in any area not designated for such use.

 

  P. Intentional damage to, damage caused by misuse or negligence to, or misuse or unauthorized use of any Board vehicle, equipment, tools or other property.

 

  Q. Failure to correct performance deficiencies noted in an employee evaluation or counseling.

 

  R. Conduct unbecoming a Board employee that disrupts or would reasonably be expected to disrupt the Board's legitimate operations.

 

  S. Harassment of, or discrimination against, any person on the basis of that person's race, color, sex, age, religion, disability, national origin or ethnicity, marital status or sexual orientation or identification.

 

  T. Excessive absenteeism or tardiness.

 

  U. Political activity while on duty, or on Board property, on behalf of any candidate for office or related to any issue which will be decided in an election.

 

  V. Use of the employee's position or employment for personal gain.

 

  W. Conflict of interest.

 

  X. Any conduct which demonstrates incapacity or unfitness to be employed by the Board.

 

Any educational support employee employed in a confidential or management position may be terminated or disciplined for any reason deemed sufficient by the Superintendent, subject to review by the Board pursuant to the grievance procedure set forth in Board Policy 4470.

Discipline

An educational support employee who is a member of a collective bargaining unit may be disciplined, by reprimand, suspension or other means, for any reason that would constitute a reason for termination under the applicable collective bargaining agreement or that is listed above. An educational support employee who is not a member of a collective bargaining unit may be disciplined, by reprimand, suspension or other means, for any reason set forth in this policy.

Suspension Pending Termination

In the event that the superintendent seeks the termination of an educational support employee, the employee may be suspended with or without pay.

Appeal

Any educational employee who is suspended or terminated will have the opportunity to appeal the action. The process for educational employees whose position is subject to a collective bargaining agreement will be that process provided in the applicable collective bargaining agreement, including any grievance procedure contained therein. Educational support employees who are not employed in a confidential or management position may appeal their suspension or termination through the grievance process set forth in Board Policy 4470. In the event that an educational support employee is not satisfied with the result of the grievance process, the employee may petition for an administrative hearing pursuant to F.S. Chapter 120. Any petition for an administrative hearing must be filed within ten days following receipt of the denial of the employee's Step 3 Grievance. Employees employed in a confidential or management position may seek review of his/her suspension or termination through the grievance procedure set forth in Board Policy 4470. The decision of the Board will be final as to any confidential or management position.

F.S. 1012.01, 1012.37, 1012.40
F.A.C. 6A-1.0502(11)
20 U.S.C. 6301

Revised 4/1/14

© Hillsborough 2014

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