1.2 Zero Tolerance Discipline

Chapter 5 Human Resources > Section 1: Employee Relations

Contents

Overview/Purpose: 1

1.2.1 Understanding Zero Tolerance: 2

1.2.2 Disciplinary Guidelines: 2

1.2.3 COA Self-Reporting Exceptions (SRE): 4

Overview/Purpose:

Children of America recognizes the contribution of every employee and understand that opportunities to improve are opportunities to grow personally and professionally. Accountability for individual employee actions can be expected to coincide with Annual Reviews, Performance Improvement Plans, Corrective Action Plans, as well as notices of Verbal or Written warnings, commonly associated with our Standards of Discipline for Employees Policy outlined in our Employee Handbook.   

Generally, COA follows a progressive discipline policy which is based on the notion that our employees are our greatest resource; therefore, every attempt is made to reach an understanding of expected performance.   This concept allows for transparency and creates a path for rehabilitation not a path for separation of employment.

That said, certain actions are considered ZERO TOLERANCE because of the seriousness and consequences they may have for the children in our care. Employees in violation of any Zero Tolerance action defined below will be subject to more severe disciplinary action, including but not limited to, immediate termination.

Policy Statement:

Zero Tolerance Employee Actions:

1.2.1 Understanding Zero Tolerance:

It’s critical that we understand the differences between actions that may lead to ANSI and those actions that are considered (ANSI).  The distinction directly dictates disciplinary action outlined herein.  

Or

A sample list of these potential considered and lead to behaviors can be found under Exhibit A, accompanying this memorandum.

1.2.2 Disciplinary Guidelines:

Zero Tolerance in this context will be subject to disciplinary action including but not limited to termination.  

The following guidelines can be used to better understand what disciplinary action is most appropriate for the ANSI Action in question and the persons involved.

Employees Directly Involved

ANSI actions where an employee is directly involved carry the most weight.  Whether the actions could have lead to or are considered ANSI, the actions are those of the employee. 

• An employee who is directly involved in an action that may lead to ANSI will receive a final warning.
  • Employees with a *documented history of ANSI actions may be terminated in lieu of a final warning.   

*Failure to present acceptable documentation such as timely written warnings may prohibit termination.

School Management Indirectly Involved 

While many ANSI actions primarily involve staff or teachers, and not school management directly, it remains a critical responsibility of leadership to establish a culture that promotes safety and adherence to the Children of America policies and procedures, as well as compliance with State Licensing Regulations.  It is the responsibility of management to ensure all staff are provided the training and resources to allow for the understanding, recognition, and prevention of all actions and behaviors that may lead to or be considered ANSI within the jurisdiction of their centers and will be held accountable if failure to do so occurs. Written warnings and corrective actions plan described below are necessary to memorialize an event and ensure alignment on actions required. Directors and Assistant Directors, or any equivalent interim titles are specifically subject to this section. 

* See COA Self Reporting Exception (SRE) section for exception eligibility. 

• All written and final warnings will include the following documentation, at minimum: 
  • Synopsis of Events – briefly describe the events that took place.
  • Outline of Managements Responsibility – outline management’s responsibility in ensuring a safe and nurturing environment for all children.
  • Corrective Action Plan (CAP) – outlining training and other behavior strategies (that may be necessary) to mitigate the recurrence of similar events. All training and behavior strategies should include the management and all staff unless deemed inappropriate. 
    • What training
    • Who will be trained
    • Who will carry out the training 
    • When the training will occur

Other Circumstances: 

1.2.3 COA Self-Reporting Exceptions (SRE):

To promote a self-enforcing safety culture and accountability we have developed an internal COA self-reporting program to help foster a culture that promotes safety and adherence to the Children of America policies and procedures, as well as compliance with State Licensing Regulations.

COA Self-Reporting is not to be confused with state mandated reporter or licensing reporting requirements, specifically as it relates to lead to actions. 

Managers that Self Report a lead to (ANSI) action to Children of America may be eligible for an exception to the disciplinary guidelines outlined above provided the following criteria are met.

1. The incident reported is a bonafide lead to ANSI action.  Considered ANSI actions are not eligible for exceptions and should be reported to your Executive Director, Vice President of Field Operations and Human Resources as appropriate. 
2. The following documentation is provided:
   1. Documentation of a FINAL WARNING for the employee directly involved. 
   2. A Corrective Action Plan that satisfies the below:
      1. What training will be conducted
      2. Who will be trained
      3. Who will carry out the training 
      4. When the training will occur
      5. How will the changes be upheld
3. All incidents must be uploaded to the specified submission form below as proof of your self-report.  
4. Incidents that have been previously reported, regardless of the source or channel, may be ineligible for a Self-Reporting Exception (SRE). 
   1. e.g., reported an investigation, compliant or licensing report.

1. SRE Eligibility criteria have been met.
2. Previous SRE Reports are not time barred, i.e., greater than 12 months old
3. Human Resources has reviewed and approved all related documentation available for the previous and current incident.   

Note: A Termination that meets the criteria above doesn’t not need to be submitted to the (SRE) form. In the event Human resources believes the event to be ineligible for Termination you will be asked to submit the SRE as described in the SRE section.