Suspension, Demotion, Termination or Nonreemployment of Support Employees, Policy No. 416

Printable PDF Board Policy 416

1. Definitions

A. "Support Employee" shall mean an employee of the technology center who provides those services, not performed by professional educators or licensed teachers, which are necessary for the efficient and satisfactory functioning of the technology center.

B. "Full-time Support Employee" shall mean a support employee who regularly works the standard period of labor which is generally understood to constitute full-time employment for the type of services performed by the employee and who is employed by the technology center for a minimum of 172 days per year.

C. "Suspension without pay" shall mean the temporary denial of a support employee's right to work and receive any pay and other benefits during the term of the suspension. "Suspension without pay" may be as a disciplinary measure as provided in paragraph 4.B(1), below or as a suspension pending investigation as provided in paragraph 4.B(2), below. If a final decision is made under the procedures stated below that a suspension without pay was improper, the support employee shall receive full pay and other benefits for the period of suspension.

D. "Suspension with pay" may occur in those situations in which the superintendent or his or her designee, or a supervisor of the support employee perceives a significant hazard in keeping the support employee on the job, in which event the support employee may be asked to immediately leave the technology center's premises and the support employee is temporarily relieved of his or her duties pending a hearing under paragraph 4, below.

E. "Demotion" shall mean a reduction in pay during the term of the support employee's contract. "Demotion" shall not mean a change in job description or work assignment or duties. F. "Termination" shall mean the discharge of the support employee from his/her employment with the technology center during the term of his/her contract and does not include the cessation of employment upon expiration of the support employee's contract.

G. "Non-reemployment" shall mean the failure to offer a support employee a new contract for the next successive school year after the contact under which the support employee is presently employed has expired.

2. Policy On Suspension, Demotion, Termination Or Non-Reemployment Of Full-Time Support Employees

A full-time support employee who has been employed by the technology center for more than one year shall be suspended, demoted, terminated or non-reemployed during the term of his/her contract only for cause as provided in this policy. In addition to the definition of cause stated in section 3 of this policy, "cause" shall also specifically include lack of funds or lack of work. Any support employee who has been employed by the technology center for less than one year (12 months) or is employed on an adult program contract is not entitled to invoke the procedures of this policy and such employee's contract can be terminated at any time without cause.

3. Cause For Suspension, Demotion, Termination Or Nonreemployment

A. A support employee may be suspended, demoted, terminated or nonreemployed during the term of his/her contract for any of the following: i. Violation of any rule, regulation or requirement issued by the office of the superintendent or board of education of the technology center; or ii. Conduct not otherwise specified in the above rules, regulations or requirements which constitutes insubordination, neglect of duty, incompetency in job performance, dishonesty, or causing or allowing damage, destruction or theft of technology center property.

B. The rules, regulations and requirements referred to above and the Rules for Conduct shall be furnished to each support employee at the time of his/her initial employment. In the event these rules are updated, a copy shall be timely distributed to support employees.

4. Procedures For Suspensions Without Pay, Terminations And Demotions

A. Any full-time support employee is subject to disciplinary action in the form of a suspension without pay, demotion or termination. Prior to instituting any such disciplinary action the full-time support employee shall receive the following hearing rights:

i. The superintendent or his or her designee shall orally advise the support employee of the cause or basis for the proposed disciplinary action;

ii. The superintendent of the technology center or his or her designee shall explain to the support employee the evidence against the support employee; 

iii. The superintendent of the technology center or his or her designee shall allow the support employee an opportunity to present his or her side of the matter.

B. After the support employee is afforded the above hearing rights the superintendent of the technology center or his or her designee may take any of the following actions:

i. Suspension without pay for ten (10) working days or less as a disciplinary measure; ii. Suspension without pay pending investigation as to whether cause exists for the termination of the support employee;

iii. Demotion of the support employee;

iv. Termination of the support employee;

v. Conclude that no disciplinary action is appropriate.

C. The support employee shall have the right to appeal to the board of education a suspension without pay as a disciplinary measure, a demotion or a termination as set forth in the Procedures for Appeal to the board of education in section 6 below.

5. Procedures For Non-Reemployment Prior to being non-reemployed, a full-time support employee who has been employed by the technology center for more than one (1) year shall be entitled to the following hearing rights:

A. The board of education or the superintendent of the technology center or his or her designee shall advise the support employee, in writing, of the board's intention to consider and act on the non-reemployment of the support employee for the subsequent fiscal year;

B. The written notification shall set out the cause(s) for such action;

C. The support employee shall have the right to contest his or her nonreemployment before the board of education as set forth in the Procedures for Appeal to the board of education in section 6 below.

6. Procedures For Appeal To The Board Of Education

A. After any suspension without pay as a disciplinary measure, or prior to the effective date of any demotion, termination during the term of his/her contract or non-reemployment, the support employee shall receive notice of his/her right to a hearing before the board of education as herein provided.

B. All notices shall be sent to the support employee by certified mail at the address of the support employee shown on the school records. If the support Section 4 – Page 37 employee refuses to accept the notice or fails or refuses to pick up the notice after being notified by the post office to do so, then the support employee shall be deemed to have received the notice on the date that the notice was postmarked. The postmark shall be used to determine the timeliness of the notice.

C. A support employee who has been notified in writing of his/her suspension without pay as a disciplinary measure, demotion or termination during the term of his/her contract or non-reemployment may notify the clerk of the board of education of the technology center within ten (10) working days of the postmark on the notice if the support employee desires a hearing before the board of education. If the support employee fails to notify the clerk of the board of education of the technology center in writing within ten (10) working days of the postmark on the notice that the support employee requests a hearing, the support employee shall be deemed to have waived the right to a hearing and the suspension without pay as a disciplinary measure, demotion or termination action shall be final and, in the case of a non-reemployment, the board may take final action to non-reemploy the employee without further notice or hearing rights.

D. Hearing before board of education:

i. Upon timely notice as set forth above, the support employee shall be entitled to a hearing before the board of education. The hearing shall be conducted at the next, or next succeeding, regularly scheduled meeting of the board of education if the request for the hearing was received at least ten (10) days prior to the next, or next succeeding, regularly scheduled board of education meeting. At the request of the support employee or at the discretion of the board of education, the board of education shall call a special meeting to conduct the requested hearing, which special meeting shall be held no earlier than ten (10) days nor later than thirty (30) days after receipt of the support employee's request.

ii. At the hearing before the board of education, the support employee shall be entitled to be represented by counsel, to cross-examine witnesses presented by the technology center, to present witnesses on his/her behalf and to present any relevant evidence or statement which the support employee desires to offer. The hearing shall be conducted in "open" session. The hearing shall commence with a statement to the support employee of his or her rights at the hearing. Following this statement, the technology center administration shall present facts showing the cause for the support employee's suspension without pay as a disciplinary measure, demotion, termination or nonreemployment. The burden of proof shall be upon the technology center administration. The support employee shall then have the right to present his/her side of the matter. After both the technology center administration and the support employee have fully presented their respective positions, the board of education shall deliberate on the evidence in executive session. The board of education shall announce its findings and decision immediately in open session by individual voice vote. The decision shall be made by a majority of the board of education members present at the meeting.

iii. As to suspension as a disciplinary measure, demotion or termination, the board of education may affirm, modify or reverse the action taken against the support employee, including increasing or decreasing the severity of the original action. As to non-reemployment, the board may reemploy or non-reemploy the employee for the subsequent fiscal year.

iv. The decision of the board of education at the hearing shall be final and non-appealable.

7. Miscellaneous

This policy shall be effective immediately upon adoption by the board of education and shall supersede all previous policies regarding the subject matter contained herein. The board of education reserves the right to modify or amend this policy from time to time in any manner consistent with applicable law.

Nothing contained in this policy shall prevent the board of education from acting on its own volition in matters pertaining to suspension, demotion, dismissal or nonrenewal of support employees.