12 Steps to Avoiding Liability in Community College Districts
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- Step 1 – Follow the Rules
- The Consequences of a District Failing to Follow Its Own Rules
- Failure to Follow District Policies and Procedures May Be a Plaintiff’s Main Exhibit in a
- Discrimination Lawsuit
- Ensuring Compliance with a District’s Policies and Procedures May Bar Claims or Help Districts
- Defend Against Liability in Civil Litigation
- Checklist on How to Avoid Violations of A District’s Policies, Procedures and Other Rules
- Step 2 – Train and Retrain
- Step 3 – Establish an Effective Hiring and Employee Retention Process
- Utilize Accurate Job Descriptions
- Have Good Reasons for Your Hiring Decisions
- Avoid the Appearance of Favoritism
- Retain Good Employees by Mentorship, recognition and reward
- Step 4 – Accountability for All
- Performance Evaluations Must Be Accurate
- The Importance of Documentation and Recordkeeping
- Empower Your Human Resources Department
- Step 5 – Be Honest, Consistent, and Fair
- Honesty
- Consistency
- Fairness
- Step 6 – Communicate, Communicate, Communicate
- Principles of Effective Communication
- Dealing with the Public and the Media
- Listen to Your Employees
- Training and Performance Evaluations Are Other Means of Communication
- Communicate Expectations
- Communication Requires Feedback
- Avoid Stray Remarks
- Step 7 – Pick Your Battles Wisely
- Be Realistic – Management Will Not Prevail in Every Labor Relations Dispute
- Think Broadly and Long Term
- Successful Labor Negotiations Involve More Than Financial Goals
- Realize That Change May be Unsettling and Threatening to Employees
- Step 8 – Due Process Matters
- Due Process Arising From Complaints of Discrimination, Harassment or Retaliation
- Due Process in Disciplinary Matters
- Avoid Personal and District Liability
- Step 9 – Investigate before It’s Too Late
- Investigations Should Be Conducted Promptly
- Districts Must Follow Their Own Rules during Investigations
- If Investigations Reveal Violations of Rules or Law, Act Promptly to Remedy the Situation and
- Prevent Re-Occurrences
- Step 10 – Everything Is “Discoverable”
- Most Documents Constitute Public Records under the California Public Records Act
- Careless Statements in E-Mail Are a Plaintiff’s Best Friend
- The Brown Act
- Step 11 – Litigate to Win!
- Help Your Attorney Help You!
- All Testimony Should Be Taken Seriously
- Checklist for Testifying as a Witness
- Step 12 – Don’t Take It Personally
Disclaimer:
This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.
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