NONRENEWAL, SUSPENSION AND TERMINATION OF SUPPORT

STAFF MEMBERS

 

Employees without Contracts

The superintendent may terminate or suspend with or without pay support staff members who are not under contract. The superintendent shall report any such termination or suspension to the Board of Education. The superintendent’s decision will stand approved unless reversed by the Board.

Although support staff employees not employed under contract have no contractual right to continued employment from one academic term or year to the next, such employees may reasonably expect continued employment until notified otherwise.

Any employee who strip searches a student in violation of state law will be immediately suspended without pay as required by law and may be terminated.

Employees with Contracts

Nonrenewal

Unless otherwise required by law, the district may nonrenew the contracts of support staff by notifying the employee prior to entering into a new contract with the employee that his or her contract will not be renewed.

Suspension with Pay

Support staff members under contract may be suspended by the superintendent with pay for violation of Board policies, state law, for any other good cause or to investigate allegations of misconduct. The employee will be notified of the basis for the suspension and given an opportunity to discuss or rebut the charges. Suspensions with pay will stand approved unless reversed by the Board.

Suspension without Pay

Support staff members employed under contract may be suspended without pay by the superintendent during the term of such contract for violation of the policies of the Board of Education, for violation of state law, or for any other good cause. Prior to the suspension, the employee shall be notified of the charges, given an opportunity to discuss the charges and informed of the opportunity to appeal the suspension to the Board of Education. In general, pay will not be withheld until the Board renders its decision, unless an appeal has been waived. If the employee appeals, the employee may still be suspended with pay in accordance with Board policy pending the appeal.

Any employee who strip searches a student in violation of state law will be immediately suspended without pay and may be terminated. Prior to suspension without pay, the staff member shall be notified of the charges, given an opportunity to discuss the charges and informed of the opportunity to appeal the suspension to the Board of Education. If the Board reverses the suspension, the employee will be reimbursed for any pay withheld. Depending on the length and nature of the suspension, the employee may receive additional due process as required by law.

Termination

Support staff members employed under contract may be terminated during the term of such contract for violation of Board policies, violation of state law, or for any other good cause. Prior to the termination, the employee shall be notified in writing of the charges and the action to be taken, and shall be given an opportunity to discuss or rebut the charges.

Unless an employee’s contract allows for termination for any reason at the end of a notice period, the employee may appeal the termination to the Board by filing a written notice of appeal with the superintendent within ten (10) days after receiving the notice of charges.

The employee will be suspended but will continue to be paid until the time for appeal has expired, and if an appeal is taken, until the Board renders its decision unless the law requires the suspension to be without pay. If no appeal is taken, or if the Board terminates the employee after a hearing, the employee’s pay will be docked retroactively for any period of suspension.

Termination Pursuant to Contract Terms

If an employee’s contract allows for termination for any reason at the end of a notice period and such notice is given, the employee’s contract rights shall expire in accordance with the contract. Notice of termination from the superintendent shall be deemed to be notice from the Board of Education and shall be effective for such purpose when given, unless later reversed by the Board.

 

* * * * * * *

 

Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted: 1-14-08

 

Revised:

 

Cross Refs: FC, School Closings, Consolidations and Reorganizations

JFCF, Hazing and Bullying

JFG, Interrogations, Interviews and Searches

 

Legal Refs: § 167.166, RSMo.

U.S. Const., Amend. XIV

 

 

 

 

Raymondville R-VII School District, Raymondville, Missouri

 

 

© 2004, Missouri School Boards’ Association, Registered in U.S. Copyright Office

For Office Use Only: GDPD-C.1F (12/04)