One of the supervisory responsibilities of the job of principal and vice-principal is responding to culpable behaviour. Culpable behaviour refers to actions for which the employee is responsible and which is in violation of expectations, rules, the collective agreement and the law.
Progressive discipline provides, when necessary, corrective measures in order to ensure that employees maintain appropriate behaviour and carry out their duties responsibly, effectively and diligently. It will, if necessary, provide for the orderly dismissal of an employee who fails to meet appropriate standards. Progressive discipline is subject to two (2) key principles:
- Procedural Fairness
- Just Cause
Procedural fairness requires the employer to:
- investigate allegations in a timely manner and without bias
- inform the employees of the investigation and his/her right to union representation
- interview all witnesses to the allegation separately, in a non-leading manner, to gather the facts
- provide the employee, with union representation present, the opportunity to give his/her account of the incident and respond to the factual information gathered
- maintain accurate and factual notes of the information reported in each interview
- make a decision based upon the balance of probabilities whether there is evidence that indicates the allegation likely happened
- consider mitigating circumstances and
- make a decision whether the culpable behaviour warrants formal discipline or informal counseling and so inform the employee.
It is best practice that two (2) members of management be involved in all disciplinary investigations.
Progressive discipline refers to a series of increasingly serious steps that the employer initiates to correct unacceptable behaviour or conduct. It may include a recorded verbal warning, a disciplinary letter, suspension, demotion, transfer and termination, for example. Even though progressive discipline is described as a series of steps, the behaviour may warrant more serious discipline. Such discipline must meet the standard of “just cause.” That is, the discipline must be reasonable, fair and non-arbitrary. Discipline is subject to the grievance/arbitration process in a unionized workplace.
The onus of proof is on management to prove “just cause” in discipline cases. Management must be able to show that it is acting truthfully, that the decision is based upon the facts, that the allegations being acted upon are provable based upon the balance of probabilities and that the discipline is reasonable and being employed consistently. That is why most school boards direct principals and vice-principals to refer these matters to human resource staff, although the principal may be a witness to or may be required to assist in the investigation, especially when students are interviewed.
Every school board has a progressive discipline procedure. Principals and vice-principals should review their roles and responsibilities. Regardless, it is a best practice for a principal and vice-principal to immediately stop a conversation with an employee if it could possibly lead to discipline, inform the employee to consult their union and contact a human resources representative.