Overview

Discipline may be used to correct behavior or to remove an employee from the workforce for misconduct or incompetence in their work. Depending on an employee’s title, civil service and union status, some Department of Education employees are entitled to statutory or contractual disciplinary proceedings before their employment may be terminated.

Disciplinary Causes

There are various reasons that an employee may be disciplined. Some of those reasons may include:

• Unauthorized absence from duty
• Excessive absence/lateness
• Neglect of duty
• Conduct unbecoming of position, or conduct prejudicial to the good order, efficiency, or discipline of the Department of Education
• Incompetent or inefficient service to the Department of Education
• Violation of the Bylaws, Rules or Regulations of the Department of Education, City of New York, and Conflicts of Interest Laws
• Any substantial cause that renders the employee unfit to perform properly their obligations to the Department of Education

Disciplinary Process - Additional Information

• All disciplinary action is dependent upon an employee’s title, union status, tenure status, and/or civil service status.
• Supervisors considering disciplinary action are advised to consult with the Office of Employee Relations (if Central) or their Senior Field Counsel (if the administrative employee is assigned to a school).
• Procedures for disciplinary action against permanent civil service personnel are located in Section 75 of the New York State Civil Service Law.
• All disciplinary charges are executed in consultation with the Office of Legal Services.
• An employee against whom charges have been preferred will be provided with a copy of the charges and specifications. Such employees may participate in person, by counsel or representative, in the trial or charges, to call and examine witnesses on his/her own behalf and to cross-examine opposing witnesses.
• The Chancellor, upon suspending any employee, and in advance of the filing of charges and specifications, will inform the accused of the character of the charges to be met. Such information shall not prevent inclusion at the trial of additional charges and specifications, provided the accused is informed prior to the trial.
• If, after due and timely service as defined in the Bylaws of the Board of Education or by the Chancellor’s Regulations, the employee against whom the charges have been preferred fails to appear at the time and place set for trial, either in person or by counsel, the trial of the said charges will proceed and be determined in the same manner as though the accused were in personal attendance or represented by counsel, and the finding and judgement of the Department of Education will be final.
• The Department of Education may designate a trial committee or trial examiner to try the charges. The report of any trial committee or trial examiner is subject to final action by the Department.