NORTH SANPETE SCHOOL DISTRICT
Creating Conditions for Learning So All Students Can Succeed
NORTH SANPETE SCHOOL DISTRICT
Creating Conditions for Learning So All Students Can Succeed
IV-27: Orderly Termination of Employment
North Sanpete School District
Statement of .............
Board Policy with Guidelines
Policy Number: IV-27
Effective Date: 12/16/1982
Revised Date: 05/16/2017
Revised Date: 02/20/2018
Subject: Orderly Termination of Employment
I. Employee Classification:
A. Career Employee
1. A career employee is an employee who has obtained a reasonable expectation of continued employment and has worked for the District on at least a half-time basis for at least three (3) successful consecutive full school years as a Provisional Employee, with a designation of “satisfactory” rating for each of the three years.
2. A Provisional Employee who starts after the first full month of the school year may not count that year toward Career Employee status.
3. Both Classified and Certificated Employees may achieve Career Employee status
4. Temporary Employees may not achieve Career Employee Status.
5. Extra duty assignments, such as coaching, are considered Temporary, and employees may not achieve Career Employee status in extra duty assignments.
B. Provisional Employees
1. Any employee who has not achieved Career Employee status and is not a Temporary Employee is a “Provisional Employee.” A Provisional Employee is an employee who works for the District on a least a half-time basis and is hired on an individual, one-year contract.
2. Provisional employees have no expectation of continued employment beyond the current one-year contract term. During the employee’s contract term, however, a provisional employee may be discharged only for cause.
3. The District may extend the provisional status of an employee up to an additional two consecutive years by written notification to the provisional employee no later than 30 days before the end of the contract term of that individual. Circumstances under which an employee’s provisional status may be extended are listed in Policy Number IV-29 Provisional Period for New Teachers.
C. Temporary Employee
1. Temporary Employees are employees employed on a temporary basis. Temporary employees also include seasonal employees who are employed for less than the full school year.
2. A temporary employee may not be employed for a period greater than one year.
3. A temporary employee is employed at the will of the District and has no expectation of continued employment; the temporary employee’s employment may be terminated at any time without cause.
D. Extra Duty Employees (and Professional Coaches)
1. An employee who is given extra duty assignments in addition to a primary assignment (or a coach that is not employed by the District in another capacity) is a temporary employee in those extra duty assignments and may not acquire rights or career status beyond the primary assignment.
2. There are no rights to a due process hearing if a person is released from an extra duty position. A person may be released from an extra duty position at the discretion of the principal and with approval by District Human Resources.
3. Extra duty assignments include any assignment for which an employee receives an additional stipend or payment beyond the employee’s primary assignment salary.
4. Extra duty may include serving as activity advisor, coach, or administrator where the employee does not have an administrator license and where the employee’s primary assignment is non-administrative duties.
E. Contracted Service Providers (CSP)
1. Contracted Service Providers are individuals who are not employees of the District, are not on the District payroll and do not receive benefits enjoyed by employees of the District, by who are paid by contract to provide identified types of services for the District.
2. A contract service provider is not required to hold an educator license issued by the Utah State Board of Education.
F. Classified Employees
1. Classified Employees are all non-certified (non-licensed) employees of the District.
2. A classified employee may achieve career employee status in accordance with Section I.A. of this policy.
G. Certified Employees
1. A Certified Employee is an employee of the District who holds an educator license issued by the Utah State Board of Education.
2. A Certified Employee may earn career employee status in accordance with Section I.A. of their policy.
II. Terms Defined:
A. Contract Term or Term of Employment means the period during which an employee is engaged by the District under a contract of employment. A contract of employment must be in writing.
B. Dismissal or Termination means:
1. Termination of the employment status of a career employee but not including non-renewal of a Provisional Employee.
2. Failure to renew the employment contract of a career employee.
3. Reduction in salary of an employee not generally applied to all employees of the same category employed by the District during the employee’s contract term.
4. Change of assignment of an employee with an accompanying reduction in pay unless both parties agree to the assignment change and salary reduction in writing.
C. Unsatisfactory performance means a deficiency in performing work tasks, which may be:
1. Due to insufficient or undeveloped skills, lack of knowledge or aptitude and
2. Remediable through training, study, mentoring, or practice.
D. Misconduct means behavior for which an employee mayu be disciplined, and includes:
1. A violation of work rules;
2. A violation of local school board policies, State Board of Education rules, or law;
3. A violation of standards of ethical, moral, or professional conduct; or
4. Insubordination or failure to comply with directives from supervisors
5. Immorality – Conduct that is not conforming to the patterns of conduct usually accepted or established as consistent with principles of personal and social ethics and where there is a sufficient nexus between such conduct and the district’s legitimate interest in protecting the school community from harm. Immoral conduct includes willful, flagrant, or shameless conduct showing moral indifference to the opinions of respectable members of the community.
III. Misconduct
A. Causes for Discipline. An employee may be disciplined up to and including suspension or termination during a contract term for any of the following:
1. Immorality;
2. Insubordination or failure to comply with directives from supervisors;
3. Incompetence; the inability to perform at a satisfactory level after remediation efforts.
4. Conviction, including entering a plea of guilty or nolo contendere (no contest), of a felony or misdemeanor involving moral turpitude or immoral conduct;
5. Conduct which may be harmful to students or to the District;
6. Improper or unlawful physical contact with students;
7. Violation of District policy;
8. Unprofessional conduct not characteristic of or befitting a District employee;
9. Manufacturing, possessing, using, dispensing, distributing, selling and/or engaging in any transaction or action to facilitate the use, dispersal or distribution of any illicit (as opposed to authorized) drugs at any time; or alcohol on District premises or as a part of a school-sponsored activity;
10. Current addiction to or dependency on a narcotic or other controlled substance that impairs the employee’s ability to perform the employee’s essential job functions.
11. Dishonesty or falsification of any information supplied to the District, including data on application forms, employment records or other information given to the District;
12. Engagement in sexual harassment of a student or employee or agent of the District;
13. Neglect of duty, including unexcused or excessive absences, excessive tardiness, abuse of leave policies or failure to maintain licensing/certification;
14. Failure to fulfill duties or responsibilities;
15. Inability to maintain discipline in the classroom or at assigned school-sponsored functions;
16. Drunkenness or use of alcoholic beverages or controlled substances while on the job;
17. Disability not otherwise protected by law that impairs an employee’s performance of required job duties;
18. Failure to maintain an effective working relationship or good rapport with parents, co-workers, the school/ District community or colleagues;
19. For any act or omission that causes disparagement to the District or other reason justifying termination of employment for cause.
B. Progressive Discipline for Misconduct
1. If a Career Employee or a Provisional Employee during the employee’s contract term engages in misconduct, the District may take any of actions in Subparagraphs 3a through 3e below.
2. Disciplinary action for the same or similar conduct will be taken in progressive steps beginning with a verbal warning. However, if any employee engages in conduct that warrants more severe disciplinary action, the District may skip a step or steps and issue the disciplinary action appropriate for the conduct.
3. Disciplinary action
a) Verbal Warning
(i) The direct Supervisor will issue the verbal warning.
(ii) The verbal warning will have clear directives and expectations of future conduct, and will include steps to correct the misconduct.
(iii) The supervisor will document the verbal warning
b) Written Warning
(i) The direct supervisor will issue the written warning
(ii) The written warning will have clear directives and expectations of future conduct, and will include steps to correct the misconduct.
(iii) The employee will sign the Written Warning as an acknowledgment of having received it.
c) Probation
(i) Direct Supervisor will place employee on probation.
(ii) Probation will include a corrective action plan with regular follow up conferences with a direct supervisor.
(iii) The corrective action plan will include written goals of correction and timelines to meet corrective action goals with a clear definition of the consequences in not meeting the expectations of corrections.
d) Suspension. A Career Employee or Provisional Employee during the employee’s contract term may be suspended for misconduct. This section does NOT apply to temporary or extra duty employees as they have no contract term.
(i) An employee may be suspended with pay during an investigation of misconduct.
(ii) An employee may be suspended without pay where the misconduct is sufficiently serious, as determined by the supervisor.
(iii) Suspensions without pay may not last longer than 15 working days unless accompanied with a notice of intent to terminate and the employee has asked for a hearing.
(iv) Suspension pending a hearing may be without pay if an authorized representative of the District determines, after providing the employee with an opportunity for an informal conference to discuss the allegations, that it is more likely than not that the allegations against the employee are true.
e) Termination. A Career Employee, or Provisional Employee during his contract term, may be terminated for cause in accordance with the termination procedures in Section VI of this policy.
4. Employees are entitled to written notice of the alleged misconduct and an opportunity to respond before any level of disciplinary action is taken.
5. After disciplinary action has been taken, employees are entitled to an informal conference with the Superintendent, which must be requested in writing within 5 school days of receiving the disciplinary action. The informal conference is an opportunity for the employee to present reasons why the disciplinary action should be overturned. The Superintendent will respond in writing with a decision to overturn or not to overturn the disciplinary action.
6. An employee is not entitled to a hearing as described in Section VI below unless the employee is terminated.
IV. Unsatisfactory Performance
A. If the District intends not to renew the contract of a Career Employee or to terminate the contract during the contract term of any employee for reasons of unsatisfactory performance, it shall:
1. Provide and discuss with the Career Employee written documentation clearly identifying the deficiencies in performance;
2. Provide written notice that the Career Employee’s contract is subject to nonrenewal or termination if, upon reevaluation of the Career Employee’s performance, the Career Employee’s performance is determined to be unsatisfactory;
3. Develop and implement a plan of assistance*, to allow the Career Employee an opportunity to improve performance, which shall include:
a) Specific, measurable, and actionable deficiencies;
b) The available resources provided for improvement; and
c) A course of action to improve employee performance.
* Plans of assistance will be appropriately detailed consistent with the Career Employee’s position and deficiencies.
4. Provide for reevaluation of the Career Employee’s performance in no less than 30 and no more than 120 days, which may be extended when:
a) A Career Employee is on leave from work during the time period the plan of assistance is scheduled to be implemented; and the leave was approved and scheduled before the written notice of intent not to renew was provided; or
b) The leave is specifically approved by the Board.
B. The time period to correct the deficiencies may continue into the next school year.
C. The time period to implement the plan of assistance and correct the deficiencies shall begin when the Career Employee receives the written notice provided under Subsection (1). The time period will end when the determination is made that the Career Employee has successfully remediated the deficiency or notice of intent not to renew or to terminate the Career Employee’s contract is given in accordance with this policy.
D. If upon reevaluation of the Career Employee’s performance, the District determines the Career Employee’s performance is satisfactory, but within a three-year period after the initial documentation of unsatisfactory performance for the same deficiency pursuant to Subsection (2), the Career Employee’s performance is determined to be unsatisfactory, the District may elect not to renew or terminate the Career Employee’s contract.
E. If the Superintendent/designee elects not to renew or to terminate the employee’s contract in accordance with paragraph D above, the Superintendent or designee shall give notice of intent not to renew or to terminate the career employee’s contract, which shall include written documentation of the Career Employee’s deficiencies in performance.
F. Nothing in this Policy shall be construed to require compliance with or completion of evaluations prior to non-renewal of a Provisional Employee’s contract.
G. An employee whose performance is unsatisfactory may not be transferred to another school unless the Board specifically approves the transfer of the employee.
V. Performance and Conduct Issues
A. If a Career Employee exhibits both unsatisfactory performance as described herein and misconduct described herein the District may:
1. Attempt to correct according to the procedures set forth in Section IV of this policy; or
2. Terminate the Career Employee for cause, if the conduct merits dismissal, and is not required to develop and implement a plan of assistance for the Career Employee, as provided in Section 53A-8a-503.
B. If the conduct of a Career Employee described is satisfactorily corrected, and unsatisfactory performance issues remain, an employer shall develop and implement a plan of assistance for the Career Employee, as described in Section of IV of this policy.
C. If the conduct of a Career Employee is not satisfactorily corrected, the District may dismiss the Career Employee for cause in accordance with procedures established herein and is not required to develop and implement a plan of.
VI. Procedures for Termination
A. If the District intends to terminate an employee’s contract for either unsatisfactory performance or misconduct or both during the contract term, the District shall:
1. Give written notice of that intent to the employee;
2. Serve the notice by personal delivery or by certified mail addressed to the individual’s last known address.
3. Serve the notice at least 30 days prior to the proposed date of termination;
4. State the date of termination and detailed reasons for termination.
5. Give. Notice of the individual’s rights:
a) To an informal conference before the Superintendent or the Superintendent’s designee if such a request is made in writing within 10 days of the date of previously stated notice;
b) To appeal the decision to terminate employment if such request is made consistent with this policy;
c) To a hearing and the right to legal counsel, and
d) To present evidence, cross-examine witnesses and present arguments at the hearing.
6. Notify the employee that failure to request a hearing within 15 days after the notice of termination was either personally delivered or mailed to the employee’s most recent address shown on the District’s personnel records shall constitute a waiver of the right to contest the decision to terminate.
B. Intent Not to Offer a Contract to a Provisional Employee
1. If the District intents not to offer a contract of employment for the succeeding school year to a Provisional Employee, it shall give notice at least 60 days (or by the end of March) before the end of the Provisional Employee’s contract term, that the employee will not be offered a contract for a following term of employment.
2. Because Provisional Employees do not have an expectation of continued employment, they do not have a right to grieve the decision not to renew employment and do not have a right to a hearing.
C. Notice of Intent to Terminate or Not Offer a Contract to a Temporary or Extra Duty Employee
1. A Temporary or extra duty employee shall be given notice for a minimum of 10 working days before the termination of the employment.
2. Because a Temporary Employee and an extra duty employee do not have an expectation of continued employment, the employee does not have a right to grieve the decision to terminate or not to extend employment and does not have a right to a hearing.
D. Expectation of Continued Employment in Absence of Notice
1. In the absence of a notice, a Career or Provisional Employee is considered employed for the next contract term with a salary based upon the salary schedule applicable to the class of employees into which the employee falls.
2. This provision does not preclude the dismissal of a Career or Provisional employee during the contract term for cause.
E. Right to an Informal Conference
1. A notice of intent not to renew the contract of a Career Employee or of an intent to terminate the contract of a Career or Provisional Employee during the employee’s term must advise the employee that the employee may request an informal conference before the Superintendent or Superintendent’s designee.
2. [The employee may request a hearing before the Board as described below in paragraph F. only after meeting with the Superintendent or Superintendent’s designee for an informal conference.]
3. The request for an informal conference shall be in writing and delivered to the Superintendent with 10 working days of the date on the notice of intention not to renew or to terminate.
4. The informal conference will be held as soon as is practicable.
5. Suspension pending a hearing may be without pay if the Superintendent or designee determines after the informal conference, or after the employee had an opportunity to have an informal conference, that it is more likely than not that a suspension will result in termination.
F. Employee’s Right to Hearing
1. A. notice of intent not to renew the contract of a Career Employee or of an intent to terminate the contract of a Career or Provisional employee during its term must also advise the individual that if after the informal conference the employee wishes a hearing on the matter, the employee shall submit written notice to that effect to the Superintendent’s office within five (5) working days of the informal conference.
2. If the employee wishes not to have an informal conference, but does wish to have a hearing, the employee must submit written notice to that effect within 15 working days of the date of the notice of intent not to renew or notice of termination during the contract term.
3. Upon timely receipt of the notice, the Superintendent shall notify the Board. The Board shall then either appoint a hearing office, hearing board or determine to hear the matter itself. In either case, the hearing office/panel or Board shall then send notice of the date, time and place of hearing to the Superintendent and to the employee.
4. If the employee does not request a hearing within 15 working days, then the employee shall have waived any right to a hearing and any right to contest the decision.
VII. Hearing Procedures
A. Appointing a Hearing Examiner
1. If the Board determines that the hearing shall be conducted by a hearing officer or board panel, it shall so advise the Superintendent to appoint a panel of three District administrators who have no substantial knowledge of the facts of the case or select an independent hearing officer.
2. In so appointing a hearing officer or hearing panel, the Board may delegate its authority to the hearing officer or hearing panel to make findings and decisions relating to the employment of the employee that are binding upon both the employee and the Board. In the absence of an express delegation, the Board retains the right to make its own decision based on the factual findings of the hearing officer.
B. Rights of Employee at a Hearing. At the hearing, the employee and administration each have right to counsel, to produce witnesses, to hear testimony, to cross-examine witnesses, and to examine documentary evidence.
C. Decision
1. Within 15 working days after the hearing, the person or entity that conducted the hearing, whether the hearing officer, hearing panel or Board, shall issue written findings and conclusions deciding the matter. These shall be provided to the employee was suspended without pay pending a hearing.
2. In the event the decision of the Board or hearing officer is not to terminate the employment of the employee, then the employee shall be reinstated and back pay shall be paid if the employee was suspended without pay pending a hearing.
VIII. Miscellaneous Provisions
A. Suspension During Investigation
1. The active service of an employee may be suspended with pay by the Superintendent or designee during an investigation if it appears that the employee’s presence might interfere with the investigation or may be harmful to students or to the District.
2. The employee shall be provided written notice of the suspension, which may be included with written notice of termination of employment during the contract term or notice of a non-renewal of contract.
B. Necessary Staff Reduction not Precluded. Nothing in this policy prevents staff reduction if necessary because of the following:
1. Declining student enrollments in the district;
2. The discontinuance or substantial reduction of a particular service or program;
3. The shortage of anticipated revenue after the budget has been adopted; or
4. School consolidation
C. No Verbal Agreements. It is the policy of the District that all agreements with employees shall be in writing; there are no verbal agreements. The Board delegates authority to hire and fire to district administration.
D. Notification to Utah Professional Practices Advisory Commission. The Superintendent shall notify the Utah Professional Practices Advisory Commission if an educator is determined, pursuant to an administrative or judicial action, or an internal LEA investigation, to have had disciplinary action taken for, or to have engaged in:
1. Unprofessional conduct or professional incompetence that:
a) Results in suspension for more than one week or termination;
b) Requires mandatory licensing discipline under R277-515; or
c) Otherwise warrants UPPAC review; or
2. Immoral behavior.