ETA reserves the right to suspend individuals from using ETA transit services, including entering onto ETA property, for Code of Conduct violations that represent a direct threat to health or safety. When a violation occurs, ETA will make every effort to work toward a resolution by identifying the issue and, if appropriate, working with the individual to find an alternative to suspension. Suspensions will be issued only after a thorough review of the incident leading to the violation and in accordance with this policy.
Suspensions may be enacted by ETA Executive Director in accordance with this policy, upon recommendation by ETA staff and/or the Transit Operations Contractor’s General Manager.
The first disciplinary step is a verbal warning to the individual who violates the Conduct Policy. When an individual engages in inappropriate behavior they will be given a warranting immediate ejection from the bus, the bus operator or other transit operations personnel will issue verbal warning. The warning will state the reason his or her that their behavior is inappropriate and the steps that they must take to correct the behavior. The Transit Operations Contractor or ETA staff will also document report this verbal warning indicating the date and time the warning was given.
Depending upon the severity of the person’s behavior, a written warning may be issued by ETA. The warning will cite the date of the incident, the route and bus number or property location, and a summary of the event including notification of any video documentation. The cited individual may request to review the video at the ETA offices
The length an individual is suspended from ETA transit service typically will follow a progressive process beginning with verbal and/or written warnings.
1st 30 days
2nd 90 days
3rd 180 days
When three (3) warnings accumulate within a 90-day period, the person can be subject to suspension for up to 30 days. If the person engages in inappropriate or seriously disruptive behavior within one year of the suspension, the second suspension may be up to 90 days in length. A third or subsequent suspension within one year may be up to 180 days duration.
Individuals whose violations, including but not limited to arson, sexual assault and violent actions can and will be suspended for period commensurate to the findings made by law enforcement agencies. This period may extend to a year or more.
Before suspension may take place, ETA will attempt to notify the individual in writing of its intent to suspend. The written notification must inform the individual of the reasons for the suspension, the duration of the suspension, and their right to appeal. The suspension will take effect immediately upon sending the notice, or at a later time as determined by ETA based on the severity of the violation(s).
The duration of the suspension is determined on a case-by-case basis depending on the facts and circumstances surrounding the incident, including but not limited to the seriousness of the violation, whether it’s a repeat violation, and any mitigating factors.
Violent or other severe or repeated violations that threaten health or safety may lead to longer suspensions or permanent exclusion from the system. Less severe violations may result in warnings.
Individuals may request a suspension appeal hearing within five (5) business days after receipt of the suspension letter.
No individual will be suspended from transit service based on race, color, national origin, sex, age, disability, or any other protected characteristic in violation of applicable federal or state nondiscrimination laws. Individuals with disabilities will not be suspended from service unless their behavior directly threatens health or safety, and reasonable accommodations will be considered before issuing a
suspension.
