Policy 544 - Employee Discipline
Adopted on August 25, 2022
Effective August 25, 2022
The Board retains the right and the responsibility to manage the work force. When the discipline of a staff member becomes necessary, such action shall be in proportion to the employee's offense or misconduct, consistent with appropriate procedural and substantive due process, State law, and Board policy.
Suspension
The Superintendent shall have authority to suspend school personnel with or without pay. Such suspensions must be ratified by the Board, except that the Superintendent may immediately suspend an employee for no more than 30 days if appropriate in his / her sole discretion and present such suspension to the Board for ratification and / or extension at a later date. Furthermore, the Board may in its sole discretion modify the presentation to reduce or increase the length of the suspension or change the terms of payment during the suspension.
Suspension Pending Completion of Investigation
Pursuant to state law, upon commencement of any fact-finding investigation involving conduct alleged to jeopardize the health, safety, or welfare of students or the learning environment of other students, the accused employee(s) shall immediately be placed on suspension or administrative leave. School principals and other supervisors shall report to the Superintendent any allegation(s) that may cause such an investigation to be undertaken within 24 hours. Such an investigation need not be solely conducted by the Board but may include cooperation with law enforcement, the Department of Health and Human Resources, and / or other federal, state, and local agencies.
Upon completion of the investigation, if it is determined that no corroborating evidence or testimony is found to support the allegation(s), the Board shall rescind the suspension or administrative leave and restore the employee to full employment as appropriate.
Disciplinary Transfer
The Superintendent shall have authority to recommend to the Board that personnel be transferred for causes other than those required due to a reduction in force or other workforce realignment, including cause(s) related to disciplinary action. Furthermore, the Board may in its sole discretion choose to modify a recommendation for suspension to include transfer and/or termination.
Termination
The Superintendent shall have authority to recommend dismissal of personnel to the Board. Furthermore, the Board may in its sole discretion choose to modify a recommendation for suspension to include transfer and/or termination.
Due Process
Any employee subject to disciplinary action shall first be presented with the relevant charges by his / her supervisor and/or the Superintendent, and shall have an opportunity to respond to such charges prior to disciplinary action.
Any employee subject to a recommendation of suspension, administrative leave, transfer for disciplinary reasons, or termination shall be given the opportunity to be heard by the Board prior to the Board's action on any such recommendation, provided that such opportunity does not require the Board to conduct a formal hearing but shall instead simply provide the employee with a period of time to respond to any charges presented by the Superintendent or designee during the Board meeting at which the recommendation for disciplinary action may be acted upon.
Nothing in this section shall prevent the Superintendent from exercising his / her authority granted in the previous section to suspend or place on administrative leave any employee who in the Superintendent's sole discretion poses a real and immediate risk to the safety and / or security of students, staff, visitors, or any other property or persons associated with the Board's programs.
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