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North Sanpete School District
Statement of .............    

Board Policy with Guidelines

Policy Number:  IV–49
Effective Date:  12/16/1982
Revised Date:
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Subject:  Termination of a Classified Employee

BOARD POLICY
It is expected that all classified employees will perform their duties in an ethical and efficient manner.

GUIDELINES

  1. Immorality is construed by this Board to be violations of:
    1. Federal, state, local, and municipal statutes and ordinances regarding the behavior of adults and adults with minors as appropriate to the school setting.
    2. This Board also construes immorality to incorporate:
      1. Illegal drug abuse on the job or under the influence of drugs while on the job.
      2. Alcohol abuse on the job or under the influence of alcohol while on the job.
      3. Immodest dress clearly disruptive or inappropriate in a classroom setting with local standards administered by the school principal or administrator in accordance with the North Sanpete School District Dress Code for Administrators, Teachers, and Staff Members.
      4. Sexual impropriety on part of administrative, teacher, and staff personnel towards student on or off the job.
      5. Sexual harassment of any nature in the classroom or district school structure for the purpose of obtaining favor, job security, promotion, higher pay scale, or other conditions this Board may designate
  2. Unprofessional conduct is construed by this Board to mean:
    1. Disorderly conduct in the classroom or school setting.
    2. Insubordination clearly violative of professional behavior after repeated and documented warnings by administration of such behavior. This, however, is not to be equated with scholarly disagreement or the right of educators to express themselves in accordance with the law.
    3. Behavior that constitutes harassment of student or other district members of a psychological and/or physical nature that is in violation of the law or is clearly imprudent and malicious in nature. This does not however, prohibit a member from protecting self, other members, students, and visitors from physical harm but with exercise of reasonable prudence and restraint if force is necessary.
    4. Unreasonable tardiness and absenteeism without proper remedy is considered unprofessional and overt cases should be brought to the attention of the superintendent for possible violation of contract proceedings.
    5. Discrimination of any form with regard to race, sex, religion, national origin, or handicap with regard to verbal and/or procedural barrier in violation of the law. Members should exercise respect at all time for other members, students, and visitors.
    6. Misuse of district property or funds.
    7. Fraud on employment application.
    8. Negligence clearly documented.
    9. Other reasons deemed valid and documented by the Board clearly consistent with the law.
  3. Professional incompetence is inclusive of unprofessional behavior and also entails:
    1. Lack of knowledge or skills necessary for property implementation of assigned responsibilities.
  4. Other designated reasons defined by this board or staff reduction when necessary to decrease the number of employees because of:
    1. Decrease of student enrollments in the district.
    2. The discontinuance of a particular service.
    3. The shortage of anticipated revenue after the budget has been adopted.
    4. School district reorganization or school consolidation.
  5. In cases when the district intends to terminate an individual’s contract during this contract term, the district shall give written notice of such intent to said individual. Said notice shall be given in writing, served by personal delivery or by certified mail addressed to the individual’s last know address. Said notice shall be given at least 15 days prior to the proposed date of termination. It shall state the date of termination and the detail reasons for such termination.
  6. The active service of the individual may be suspended pending a hearing when it appears that the continued employment of the individual may be harmful to students or to the district.
  7. Written notice of suspension or final termination including findings of fact made by the Board when such suspension or termination is for cause shall be given to the individual under consideration.
  8. At all hearings, after due notice and on demand of the educator, he/she may be represented by council, produce witnesses, hear the testimony against him and cross-examine witnesses and examine documentary evidence. Hearings may be held before the Board or the Board may establish a procedure whereby hearing is before examiners selected by the Board consistent with statute provisions.
  9. When hearing examiners are appointed by the Board, the Board shall delegate to such hearing examiners the authority to make decisions relating to the employment of the educator which shall be binding upon both the educator and the Board.
  10. Nothing herein shall be construed to limit the right of either the Board or the employee to an appropriate court of law.