4055 Suspension, Demotion, Termination, or Non-reemployment of Support Employees
For the purpose of this policy, the following terms have the meanings indicated:
A. Support employee: An employee of the district who provides those services which are not performed by professional educators or licensed teachers and which are necessary for the efficient and satisfactory functioning of the district.
B. Full-time support employee: 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 district for a minimum of 172 days per year.
C. Suspension without pay: 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 B-1, under Procedures for Suspensions Without Pay (below) or as a suspension pending investigation as provided in paragraph B-2, under Procedures for Suspensions Without Pay (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 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 district’s premises and the support employee is temporarily relieved of duties pending a hearing under Procedures for Suspensions Without Pay (below).
E. Demotion: 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: The discharge of the support employee from employment with the district during the term of his/her contract. Termination does not include the cessation of employment upon expiration of the support employee’s contract.
G. Non-reemployment: The failure to offer a support employee a new contract for the next successive school year after the contract under which the support employee is presently employed has expired.
A full-time support employee who has been employed by the district for more than one year (12 months) 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 this policy, “cause” shall also specifically include lack of funds or lack of work. Any support employee who has been employed by the district for less than one year (12 months) is not entitled to invoke the procedures of this policy, and such employee’s contract can be terminated at any time without cause.
CAUSE FOR SUSPENSION, DEMOTION, TERMINATION OR NON-REEMPLOYMENT
A. A support employee may be suspended, demoted, terminated or non-reemployed during the term of his/her contract for:
1. Violation of any rule, regulation or requirement issued by the office of the Superintendent or the Board of Education of the district.
2. 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 school property.
3. Lack of funds or lack of work, as determined by the Board of Education.
B. The rules, regulations and requirements referred to above shall be posted in a prominent place at each work location or otherwise communicated in writing to all support employees. The rules, regulations and requirements, which may be revised from time to time, shall state that violation of the rules, regulations and requirements may result in suspension, demotion, termination or non-reemployment during the term of the employee’s contract.
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:
1. The Superintendent or designee shall orally advise the support employee of the cause or basis for the proposed disciplinary action.
2. The Superintendent or designee shall explain to the support employee the evidence against the support employee.
3. The Superintendent or designee shall allow the support employee an opportunity to present his/her side of the matter.
B. After the support employee is afforded the above hearing rights, the Superintendent or designee may take any of the following actions:
1. Suspension without pay for ten working days or less, as a disciplinary measure.
2. Suspension without pay, pending investigation as to whether cause exists for the termination of the support employee.
3. Demotion of the support employee.
4. Termination of the support employee.
5. Conclude that no disciplinary action is appropriate.
C. If a support employee is suspended without pay pending an investigation as to whether termination is appropriate, then within five working days after the effective date of the suspension without pay, such investigation must be completed and the Superintendent or designee shall afford the support employee a second hearing with the same hearing rights as set forth in paragraph A of Procedures for Suspensions Without Pay, Terminations and Demotions, above. After the second hearing, the support employee shall either be reinstated with back pay and other benefits, further suspended without pay as a disciplinary measure (not to exceed a total of ten working days including the initial days of suspension without pay), demoted or terminated.
D. 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 this policy.
PROCEDURES FOR NON-REEMPLOYMENT
A. Prior to being non-reemployed, a full-time support employee who has been employed by the district for more than one year shall be entitled to the following hearing rights:
1. The Board of Education or the Superintendent or designee shall advise the support employee, in writing, of the Board’s intention not to re-employ the support employee.
2. The written notification shall set out the cause(s) for such action.
B. The full-time support employee shall have the right to contest his/her non-reemployment before the Board of Education as set forth in this policy.
PROCEDURES FOR APPEAL TO THE BOARD OF EDUCATION
A. After any suspension without pay, or prior to the effective date of any demotion, termination or non- reemployment during the term of his/her contract, 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.
C. A support employee who has been notified in writing of his/her suspension without pay, demotion or termination during the term of his/her contract, or non-reemployment may notify the clerk of the Board of Education within ten 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 in writing within ten 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,
demotion or termination action shall be final; and the Board of Education may take final action to non-reemploy the employee without further notice or hearing rights. All notices required herein shall be accomplished by certified mail, restricted delivery, return receipt requested; by personal delivery to the employee with a signed acknowledgement of receipt; or by delivery by a process server.
D. Hearing before the Board of Education:
1. 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 days prior to the next or next succeeding regularly scheduled Board meeting. At the request of the support employee or at the discretion of the Board of Education, the Board shall call a special meeting to conduct the requested hearing, which special meeting shall be held no earlier than ten days, nor later than 30 days, after receipt of the support employee’s request.
2. 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 district, 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/her rights at the hearing. Following this statement, the school administration shall present facts showing the cause for the support employee’s suspension without pay, demotion, termination or non-reemployment.
The burden of proof shall be upon the school administration. The support employee shall then have the right to present his/her side of the matter. After both the school 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.
3. As to suspension, 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 of Education may re-employ or non-reemploy the employee for the subsequent fiscal year.
4. The decision of the Board of Education at the hearing shall be final and non-appealable.
SUPPORT EMPLOYEE RULES AND REGULATIONS
A support employee may be suspended, demoted, terminated or non-reemployed for any of the following rules and regulations:
1. Falsification of personnel or other records or deliberately false accusations/statements relating to or affecting district employment, including deliberately false accusations/statements regarding discrimination/ harassment.
2. Unexcused failure to be at work station at starting time.
3. Leaving work station without authorization prior to lunch periods or end of work day.
4. Abandonment of job (3 or more consecutive or non-consecutive absences) in a rolling 6-month period without following the proper reporting procedures.
5. Excessive unexcused absenteeism.
6. Chronic absenteeism for any reason.
7. Chronic tardiness.
8. Wasting time or loitering during working hours.
9. Leaving work area during work hours, without permission, for any reason.
10. Possession of weapons (as defined by Board Policy #4056) on school premises, at a district-sponsored activity, on a school bus or school vehicle, or at any other location while on duty for the district, except as may be permitted by Board Policy #4056.
11. Removing district property or records from district premises without proper authority.
12. Willful abuse, misuse, defacing or destruction of district property, including tools, equipment or property of other employees.
13. Theft or misappropriation of property of the district, employees, students or of any other person on district property or at district-sponsored activities.
14. Sabotage.
15. Distracting the attention of others.
16. Refusal or repeated or intentional failure to follow instructions of supervisor or administrator.
17. Refusal or failure to do work assignment or neglect of responsibilities or obligation of employment with the district.
18. Unauthorized operation or improper use of machines, tools or equipment.
19. Threatening, intimidating, coercing or interfering with students, patrons, employees, supervisors or any other person on district property or at district-sponsored activities.
20. The making or publishing of false, vicious or malicious statements concerning any student, patron, employee or supervisor, or other injurious false statements.
21. Creating a disturbance on school premises.
22. Creating or contributing to unsanitary or unsafe conditions.
23. Practical jokes injurious to school district property or to other employees, students or any other person on district property or at district-sponsored activities.
24. Possession, consumption or reporting to work under the influence of beer, alcoholic beverages (including wine), illegal drugs, non-prescribed drugs or controlled dangerous substances, including impairment caused by abuse of prescribed or over-the-counter drugs.
25. Disregard of known safety rules or common safety practices or actions/omissions jeopardizing the safety of self, others, or district property.
26. Unsafe operation of motor-driven vehicles or equipment.
27. Operating machines or equipment without using the safety devices provided.
28. Gambling, lottery or any other game of chance on school district property.
29. Unauthorized distribution of literature, written or printed matter of any description on school district property.
30. Posting or removing notices, signs or writing in any form on bulletin boards of school district property at any time without specific authority of the administration.
31. Poor workmanship.
32. Immoral conduct or indecency including abusive and/or foul language.
33. Excessive personal calls, excessive texting, or excessive use/access of social media sites during working hours, except for emergencies (this includes incoming and out-going communications).
34. Walking off job or job abandonment.
35. Falsification of records of time worked (by employee or on behalf of other employee) whether by electronic time system, time clock, time sheet, missed punch report or other method of false reporting of time. Falsification includes failure to report time worked.
36. Smoking, the use of tobacco or tobacco products, including smokeless tobacco and vapor products/e- cigarettes, on district property or in a district vehicle.
37. Refusal of job transfer if the transfer does not result in a demotion.
38. Abuse of “breaks” (rest periods) or meal period policies.
39. Insubordination of any kind.
40. Discrimination or harassment based on race, age, color, religion, national origin, genetic information, pregnancy, gender, gender expression or identity (including sexual harassment), sex, sexual orientation, qualified disability or veteran status.
41. Inability, due to illness or accidental injury, to return to work for the employee’s regularly scheduled hours and to perform all of the essential duties of the position within 12 work weeks or the number of work days equal to the employee’s total accumulated sick leave days, whichever is longer, measured from the date of the first absence due to the illness or injury.
42. Misuse or abuse of district-granted leave.
43. Refusal to participate in district investigations regarding violation of district policies and procedures.
44. Inability of the employee to perform one or more of the essential functions of his/her job.
45. Disclosure of confidential information.
46. Lack of funds or lack of work, as determined by the Board of Education.
47. Fighting or other acts of violence.
48. Unprofessional or unethical behavior or actions harmful to the district or workplace or harmful to working relationships with coworkers, supervisors, administrators, students, patrons, vendors or others.
49. Retaliation against an employee making a claim of discrimination/harassment or against an employee witness in an investigation of discrimination/harassment.
50. Violation of any Board policy, rule, regulation or requirement issued by the office of the Superintendent or by the Board of Education (including technology or business Board policies) or violation of law affecting or potentially affecting the district, the orderly operations of the district, or its reputation.
51. Use of technology (computer, cell phone, e-mail, texting, web page, blog, etc.) in violation of any support rule or regulation or Board policy shall be considered the same as any other violation and subject to the same disciplinary action.
52. When it is in the best interest of the district, any support personnel may be suspended, demoted, terminated or non-reemployed.
Revised 6/10/96 USPA 3.03
Revised 12/8/97
Revised 12/14/98
Revised 12/13/99
Revised 1/8/01
Revised 1/14/02
Revised 1/13/03
Revised 12/13/04
Revised 1/16/06
Revised 2/12/07
Revised 12/10/07
Revised 1/18/10
Revised 12/12/11
Revised 12/10/12
Revised 12/8/14
Revised 3/9/15
Revised 12/14/15
Revised 11/14/16
Revised 12/13/21