Dismissal. 1. Prior to filing formal charges, the teacher shall be informed that s/he is not required to make a written or oral statement if s/he chooses not to do so. a. Upon completion of the investigation, if a basis for action appears to exist, the Superintendent shall meet with the teacher to explain what the misconduct or other basis for action is, who the witnesses are and other sources of information upon which the action would be based, what recommendation(s) the Superintendent is considering, and what statutory procedures will be followed if charges are filed. b. Within a reasonable period of time, the teacher may explain his/her perception of the facts with respect to the allegations. S/he may explain or identify other sources of information, including witnesses that may provide information concerning the allegations. The Superintendent shall then determine if further investigation is necessary or if formal written charges will be filed without further investigation. The Superintendent shall notify the teacher of his decision. c. Any documentation used to support the subsequent filing of formal charges shall be shared with the teacher. 2. The following procedures shall be used in filing formal charges: a. At least one week prior to the time that formal charges against a teacher will be considered by the Board, the teacher and the Association shall be notified in writing of the Superintendent’s recommendation. Notification shall include a draft of the formal charges. b. The Superintendent shall submit the charges to the Board at the next regular meeting, unless there has been mutual agreement to extend the timelines. c. Upon receipt of formal written charges, the Board shall act on the Superintendent’s recommendation. If the Board suspends the teacher without pay, insurance benefits shall continue to be provided. d. If the teacher requests a Chapter 120 hearing and it cannot be concluded within the first 45 duty days, a mutually agreeable alternative may be established and followed. This alternative shall be considered on a case-by-case basis. e. A final recommendation shall be submitted to the Board at its next regular meeting following receipt of a written notification waiving the teacher’s right to a hearing, the expiration of the timeline to request a hearing without action, or receipt of the hearing officer’s recommended order. In the latter case, these time lines may be extended. 3. At least one week prior to the time that a recommendation will be submitted to the Board in regard to other employees, the employee shall be so notified. 4. If the charges are not sustained, the teacher shall be reinstated immediately, any unpaid back salary shall be paid, and s/he shall be deemed to have been an active employee during any period of suspension. If the recommendations is either to dismiss a teacher or to fix the terms under which a teacher may be returned to duty, such action shall require an affirmative vote of the majority of the Board.
Appears in 18 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Dismissal. 1Before a teacher may be dismissed or not reemployed, the Board shall send a copy of the Superintendents recommendation to the teacher by certified mail, restricted delivery, return receipt requested, by personal delivery to the teacher with a signed acknowledgement of receipt, or by delivery by a process server. Prior By the same manner, the Board shall notify the teacher of said teacher's right to filing formal chargesa hearing before the Board and the date, time, and place set by the Board for the hearing, which shall be held not sooner than twenty (20) days or later than sixty (60) days after the teacher's receipt of notice. At said hearing, the teacher shall be informed that s/he is not required entitled to make all rights guaranteed under such circumstances by the U.S. Constitution and the Constitution of Oklahoma. Notice to a written or oral statement if s/he chooses not to do so.
a. Upon completion of Probationary Teacher shall specify the investigation, if a basis for action appears to exist, the Superintendent shall meet with the teacher to explain what the misconduct or other basis for action is, who the witnesses are and other sources of information cause upon which the action would be recommendation is based, what recommendation(s) . Said notice shall also specify the Superintendent is considering, and what statutory procedures will be followed if charges are filed.
b. Within a reasonable period of time, underlying facts supporting the teacher may explain his/her perception of the facts with respect to the allegations. S/he may explain or identify other sources of information, including witnesses that may provide information concerning the allegationsrecommendation. The Superintendent shall then determine if further investigation is necessary or if formal written charges will be filed without further investigation. The Superintendent Board shall notify the Probationary Teacher of its decision, including the basis for the decision, by certified mail, restricted delivery, return receipt requested, by personal delivery to the teacher with a signed acknowledgement of his decision.
c. Any documentation used to support the subsequent filing of formal charges shall be shared with the teacher.
2receipt, or by delivery by a process server. The following procedures shall be used in filing formal charges:
a. At least one week prior to the time that formal charges against Board's decision regarding a teacher will be considered by the Board, the teacher and the Association shall be notified in writing of the Superintendent’s recommendation. Notification shall include a draft of the formal charges.
b. The Superintendent shall submit the charges to the Board at the next regular meeting, unless there has been mutual agreement to extend the timelines.
c. Upon receipt of formal written charges, the Board shall act on the Superintendent’s recommendation. If the Board suspends the teacher without pay, insurance benefits shall continue to be provided.
d. If the teacher requests a Chapter 120 hearing and it cannot be concluded within the first 45 duty days, a mutually agreeable alternative may be established and followed. This alternative shall be considered on a case-by-case basis.
e. A final recommendation shall be submitted to the Board at its next regular meeting following receipt of a written notification waiving the teacher’s right to a hearing, the expiration of the timeline to request a hearing without action, or receipt of the hearing officer’s recommended order. In the latter case, these time lines may be extended.
3. At least one week prior to the time that a recommendation will be submitted to the Board in regard to other employees, the employee shall be so notified.
4. If the charges are not sustained, the teacher shall be reinstated immediatelyfinal. Notice to a Career Teacher shall specify the statutory grounds upon which the recommendation is based. Said notice shall also specify the underlying facts supporting the recommendation. The Board shall notify the Career Teacher of its decision, including the basis for the decision, by certified mail, restricted delivery, return receipt requested, by personal delivery to the teacher with a signed acknowledgement of receipt, or by delivery by a process server. The teacher shall receive any unpaid back salary shall be paidcompensation and benefits to which said teacher is otherwise entitled until such time as the Board's decision becomes final. Provided, and s/he shall be deemed to have been an active employee during any period of suspension. If however, if the recommendations is either to dismiss hearing for a teacher or to fix is for non-reemployment of the terms under which a teacher teacher, such compensation and benefits may be returned to duty, such action shall require an affirmative vote continued only until the end of the majority of the Boardsaid teacher's current contract.
Appears in 6 contracts
Sources: Negotiated Contract and Procedural Agreement, Negotiated Contract and Procedural Agreement, Negotiated Contract and Procedural Agreement
Dismissal. 1. Prior to filing formal charges, the teacher shall be informed that s/he is not required to make a written or oral statement if s/he chooses not to do so.
a. Upon completion of the investigation, if a basis for action appears to exist, the Superintendent shall meet with the teacher to explain what the misconduct or other basis for action is, who the witnesses are and other sources of information upon which the action would be based, what recommendation(s) the Superintendent is considering, and what statutory procedures will be followed if charges are filed.
b. Within a reasonable period of time, the teacher may explain his/her perception of the facts with respect to the allegations. S/he may explain or identify other sources of information, including witnesses that may provide information concerning the allegations. The Superintendent shall then determine if further investigation is necessary or if formal written charges will be filed without further investigation. The Superintendent shall notify the teacher of his decision.
c. Any documentation used to support the subsequent filing of formal charges shall be shared with the teacher.
2. The following procedures shall be used in filing formal charges:
a. At least one week prior to the time that formal charges against a teacher will be considered by the Board, the teacher and the Association shall be notified in writing of the Superintendent’s recommendation. Notification shall include a draft of the formal charges.
b. The Superintendent shall submit the charges to the Board at the next regular meeting, unless there has been mutual agreement to extend the timelines.
c. Upon receipt of formal written charges, the Board shall act on the Superintendent’s recommendation. If the Board suspends the teacher without pay, insurance benefits shall continue to be provided.
d. If the teacher requests a Chapter 120 hearing and it cannot be concluded within the first 45 duty days, a mutually agreeable alternative may be established and followed. This alternative shall be considered on a case-by-case case‐by‐case basis.
e. A final recommendation shall be submitted to the Board at its next regular meeting following receipt of a written notification waiving the teacher’s right to a hearing, the expiration of the timeline to request a hearing without action, or receipt of the hearing officer’s recommended order. In the latter case, these time lines may be extended.
3. At least one week prior to the time that a recommendation will be submitted to the Board in regard to other employees, the employee shall be so notified.
4. If the charges are not sustained, the teacher shall be reinstated immediately, any unpaid back salary shall be paid, and s/he shall be deemed to have been an active employee during any period of suspension. If the recommendations is either to dismiss a teacher or to fix the terms under which a teacher may be returned to duty, such action shall require an affirmative vote of the majority of the Board.
5. The following procedures shall be used prior to the filing of formal written charges against a teacher for incompetence:
a. The teacher shall be notified in writing of documented deficiencies which, if not corrected, could lead to dismissal. The notice shall identify a tentative time frame for improvement and include a statement that failure to correct such deficiencies may lead to dismissal. Such notice shall be preceded by a conference(s) to discuss the deficiencies and to review recommendations for improvement, and the available assistance to effect improvement.
b. At least one follow‐up conference shall be provided to the teacher within three working weeks of the written notice. Following the conference(s), the teacher shall be provided, in writing, specific recommendations covering all major areas of deficiency, designed to assist him/her in improving performance.
c. A reasonable period of time not less than three teaching months from the notice required in Subsection a. above shall be provided for correction of deficiencies. The time period shall be specified in writing but may be extended by mutual consent.
d. At the end of the time period provided to correct deficiencies, a formal evaluation of the teacher’s performance shall be completed. The teacher shall be notified at least one week prior to the evaluation.
e. Following the formal evaluation, the Superintendent shall meet with the teacher to summarize the results of the evaluation, and explain what charges and recommendation he is considering, including the statutory procedures to be followed if charges are filed.
f. In extreme cases, the Superintendent may direct an immediate formal evaluation of an annual contract teacher provided, however, that he shall notify the teacher in writing of the reasons for his action, and provide the teacher reasonable opportunity to discuss the basis for the action, in accordance with this Article. Such action shall be taken only when there is direct evidence that the health, safety or welfare of the students is being immediately, radically, and adversely affected.
6. The following procedures shall be used prior to recommending dismissal for the incompetence of other employees:
a. Incompetence shall be defined as continued failure to satisfactorily meet performance standards for the job.
b. The employee shall be notified in writing of documented deficiencies, which could lead to dismissal. The notice shall include specific recommendations for improvement, a tentative time frame for improvement and a statement that failure to correct the deficiencies may lead to dismissal.
c. Further explanation of the deficiencies and suggested corrections designed to assist him/her in improving performance, shall be provided to the employee in a conference(s), the first of which shall be held within three weeks of the written notice.
d. A reasonable period of time, not less than six weeks from the written statement required above, shall be provided for correcting deficiencies. This time period may be extended and shall be specified in writing.
e. At the end of the time period provided, a formal evaluation of the employee’s performance shall be made.
f. In extreme cases, an immediate formal evaluation of an employee’s performance may be made provided that the employee shall be notified in writing of the reasons for this action and be provided reasonable opportunity to discuss the basis for the action. Such action shall be taken only when there is direct evidence that an extreme emergency exists.
7. In lieu of the Superintendent recommending dismissal for incompetency, an employee may be offered options to include, but not be limited to: alternative job evaluation and job retraining, other employment within the District for which the employee is qualified, early retirement, and assistance in seeking other employment. If accepted by the employee, during a mutually agreed upon period of transition, the employee shall continue to receive full salary and benefits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dismissal. 1. Prior to filing formal charges, the teacher shall be informed that s/he is not required to make a written or oral statement if s/he chooses not to do so.
a. Upon completion of the investigation, if a basis for action appears to exist, the Superintendent shall meet with the teacher to explain what the misconduct or other basis for action is, who the witnesses are and other sources of information upon which the action would be based, what recommendation(s) the Superintendent is considering, and what statutory procedures will be followed if charges are filed.
b. Within a reasonable period of time, the teacher may explain his/her perception of the facts with respect to the allegations. S/he may explain or identify other sources of information, including witnesses that may provide information concerning the allegations. The Superintendent shall then determine if further investigation is necessary or if formal written charges will be filed without further investigation. The Superintendent shall notify the teacher of his decision.
c. Any documentation used to support the subsequent filing of formal charges shall be shared with the teacher.
2. The following procedures shall be used in filing formal charges:
a. At least one week prior to the time that formal charges against a teacher will be considered by the Board, the teacher and the Association shall be notified in writing of the Superintendent’s recommendation. Notification shall include a draft of the formal charges.
b. The Superintendent shall submit the charges to the Board at the next regular meeting, unless there has been mutual agreement to extend the timelines.
c. Upon receipt of formal written charges, the Board shall act on the Superintendent’s recommendation. If the Board suspends the teacher without pay, insurance benefits shall continue to be provided.
d. If the teacher requests a Chapter 120 hearing and it cannot be concluded within the first 45 duty days, a mutually agreeable alternative may be established and followed. This alternative shall be considered on a case-by-case basis.
e. A final recommendation shall be submitted to the Board at its next regular meeting following receipt of a written notification waiving the teacher’s right to a hearing, the expiration of the timeline to request a hearing without action, or receipt of the hearing officer’s recommended order. In the latter case, these time lines may be extended.
3. At least one week prior to the time that a recommendation will be submitted to the Board in regard to other employees, the employee shall be so notified.
4. If the charges are not sustained, the teacher shall be reinstated immediately, any unpaid back salary shall be paid, and s/he shall be deemed to have been an active employee during any period of suspension. If the recommendations is either to dismiss a teacher or to fix the terms under which a teacher may be returned to duty, such action shall require an affirmative vote of the majority of the Board.
5. The following procedures shall be used prior to the filing of formal written charges against a teacher for incompetence:
a. The teacher shall be notified in writing of documented deficiencies which, if not corrected, could lead to dismissal. The notice shall identify a tentative time frame for improvement and include a statement that failure to correct such deficiencies may lead to dismissal. Such notice shall be preceded by a conference(s) to discuss the deficiencies and to review recommendations for improvement, and the available assistance to effect improvement.
b. At least one follow-up conference shall be provided to the teacher within three working weeks of the written notice. Following the conference(s), the teacher shall be provided, in writing, specific recommendations covering all major areas of deficiency, designed to assist him/her in improving performance.
c. A reasonable period of time not less than three teaching months from the notice required in Subsection a. above shall be provided for correction of deficiencies. The time period shall be specified in writing but may be extended by mutual consent.
d. At the end of the time period provided to correct deficiencies, a formal evaluation of the teacher’s performance shall be completed. The teacher shall be notified at least one week prior to the evaluation.
e. Following the formal evaluation, the Superintendent shall meet with the teacher to summarize the results of the evaluation, and explain what charges and recommendation he is considering, including the statutory procedures to be followed if charges are filed.
f. In extreme cases, the Superintendent may direct an immediate formal evaluation of an annual contract teacher provided, however, that he shall notify the teacher in writing of the reasons for his action, and provide the teacher reasonable opportunity to discuss the basis for the action, in accordance with this Article. Such action shall be taken only when there is direct evidence that the health, safety or welfare of the students is being immediately, radically, and adversely affected.
6. The following procedures shall be used prior to recommending dismissal for the incompetence of other employees:
a. Incompetence shall be defined as continued failure to satisfactorily meet performance standards for the job.
b. The employee shall be notified in writing of documented deficiencies, which could lead to dismissal. The notice shall include specific recommendations for improvement, a tentative time frame for improvement and a statement that failure to correct the deficiencies may lead to dismissal.
c. Further explanation of the deficiencies and suggested corrections designed to assist him/her in improving performance, shall be provided to the employee in a conference(s), the first of which shall be held within three weeks of the written notice.
d. A reasonable period of time, not less than six weeks from the written statement required above, shall be provided for correcting deficiencies. This time period may be extended and shall be specified in writing.
e. At the end of the time period provided, a formal evaluation of the employee’s performance shall be made.
f. In extreme cases, an immediate formal evaluation of an employee’s performance may be made provided that the employee shall be notified in writing of the reasons for this action and be provided reasonable opportunity to discuss the basis for the action. Such action shall be taken only when there is direct evidence that an extreme emergency exists.
7. In lieu of the Superintendent recommending dismissal for incompetency, an employee may be offered options to include, but not be limited to: alternative job evaluation and job retraining, other employment within the District for which the employee is qualified, early retirement, and assistance in seeking other employment. If accepted by the employee, during a mutually agreed upon period of transition, the employee shall continue to receive full salary and benefits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dismissal. 1. Prior to filing formal charges, the teacher shall be informed that s/he is not required to make a written or oral statement if s/he chooses not to do so.
a. Upon completion of the investigation, if a basis for action appears to exist, the Superintendent shall meet with the teacher to explain what the misconduct or other basis for action is, who the witnesses are and other sources of information upon which the action would be based, what recommendation(s) the Superintendent is considering, and what statutory procedures will be followed if charges are filed.
b. Within a reasonable period of time, the teacher may explain his/her perception of the facts with respect to the allegations. S/he may explain or identify other sources of information, including witnesses witnesses, that may provide information concerning the allegations. The Superintendent shall then determine if further investigation is necessary necessary, or if formal written charges will be filed without further investigation. The Superintendent shall notify the teacher of his decision.
c. Any documentation used to support the subsequent filing of formal charges shall be shared with the teacher.
2. The following procedures shall be used in filing formal charges:
a. At least one week prior to the time that formal charges against a teacher will be considered by the Board, the teacher and the Association shall be notified in writing of the Superintendent’s recommendation. Notification shall include a draft of the formal charges.
b. The Superintendent shall submit the charges to the Board at the next regular meeting, unless there has been mutual agreement to extend the timelines.
c. Upon receipt of formal written charges, the Board shall act on the Superintendent’s recommendation. If the Board suspends the teacher without pay, insurance benefits shall continue to be provided.
d. If the teacher requests a Chapter 120 hearing and it cannot be concluded within the first 45 duty days, a mutually agreeable alternative may be established and followed. This alternative shall be considered on a case-by-by- case basis.
e. A final recommendation shall be submitted to the Board at its next regular meeting following receipt of a written notification waiving the teacher’s right to a hearing, the expiration of the timeline to request a hearing without action, or receipt of the hearing officer’s recommended order. In the latter case, these time lines may be extended.
3. At least one week prior to the time that a recommendation will be submitted to the Board in regard to other employees, the employee shall be so notified.
4. If the charges are not sustained, the teacher shall be reinstated immediately, any unpaid back salary shall be paid, and s/he shall be deemed to have been an active employee during any period of suspension. If the recommendations is either to dismiss a teacher or to fix the terms under which a teacher may be returned to duty, such action shall require an affirmative vote of the majority of the Board.
5. The following procedures shall be used prior to the filing of formal written charges against a teacher for incompetency:
a. The teacher shall be notified in writing of documented deficiencies which, if not corrected, could lead to dismissal. The notice shall identify a tentative time frame for improvement and include a statement that failure to correct such deficiencies may lead to dismissal. Such notice shall be preceded by a conference(s) to discuss the deficiencies and to review recommendations for improvement, and the available assistance to effect improvement.
b. At least one follow-up conference shall be provided to the teacher within three working weeks of the written notice. Following the conference(s), the teacher shall be provided, in writing, specific recommendations covering all major areas of deficiency, designed to assist him/her in improving performance.
c. A reasonable period of time not less than three teaching months from the notice required in Subsection a. above shall be provided for correction of deficiencies. The time period shall be specified in writing but may be extended by mutual consent.
d. At the end of the time period provided to correct deficiencies, a formal evaluation of the teacher’s performance shall be completed. The teacher shall be notified at least one week prior to the evaluation.
e. Following the formal evaluation, the Superintendent shall meet with the teacher to summarize the results of the evaluation, and explain what charges and recommendation he is considering, including the statutory procedures to be followed if charges are filed.
f. In extreme cases, the Superintendent may direct an immediate formal evaluation of an annual contract teacher provided, however, that he shall notify the teacher in writing of the reasons for his action, and provide the teacher reasonable opportunity to discuss the basis for the action, in accordance with this Article. Such action shall be taken only when there is direct evidence that the health, safety or welfare of the students is being immediately, radically, and adversely affected.
6. The following procedures shall be used prior to recommending dismissal for incompetency of other employees:
a. Incompetency shall be defined as continued failure to satisfactorily meet performance standards for the job.
b. The employee shall be notified in writing of documented deficiencies, which could lead to dismissal. The notice shall include specific recommendations for improvement, a tentative time frame for improvement and a statement that failure to correct the deficiencies may lead to dismissal.
c. Further explanation of the deficiencies and suggested corrections designed to assist him/her in improving performance, shall be provided to the employee in a conference(s), the first of which shall be held within three weeks of the written notice.
d. A reasonable period of time, not less than six weeks from the written statement required above, shall be provided for correcting deficiencies. This time period may be extended and shall be specified in writing.
e. At the end of the time period provided, a formal evaluation of the employee’s performance shall be made.
f. In extreme cases, an immediate formal evaluation of an employee’s performance may be made provided that the employee shall be notified in writing of the reasons for this action and be provided reasonable opportunity to discuss the basis for the action. Such action shall be taken only when there is direct evidence that an extreme emergency exists.
7. In lieu of the Superintendent recommending dismissal for incompetency, an employee may be offered options to include, but not be limited to: alternative job evaluation and job retraining, other employment within the District for which the employee is qualified, early retirement, and assistance in seeking other employment. If accepted by the employee, during a mutually agreed upon period of transition, the employee shall continue to receive full salary and benefits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dismissal. 1The College may dismiss an instructor for just cause. Prior At the time of a dismissal, President shall inform both the instructor concerned and the in writing, giving the reasons for the dismissal. The instructor, in accordance with Section of and Institutes Act may appeal the suspension or dismissal to filing formal chargesthe College Board. The College may pay salary to an instructor and continue benefit coverage during a period of suspension, Upon being suspended without pay, the teacher instructor may immediately exercise the option of continuing medical and insurance benefits by payment of the necessary premiums, both employee and employer An instructor who alleges wrongful suspension or dismissal shall be informed that s/he is not required entitled to make a written have such grievance settled in accordance with Article (Grievance: Suspension or oral statement if s/he chooses not to do so.
a. Upon completion Dismissal). PERSONNEL FILES There shall be one official personnel file maintained in the office of the investigation, if a basis Director of Employee Relations for action appears every term and regular instructor under the scope of this Agreement. Personnel files shall also be maintained for those auxiliary instructors for whom there is documentation pertaining to existany matter that is under Article Personnel files will be kept confidential and access will be limited to the College President, the Superintendent Director of Employee Relations, appropriate Vice Presidents, or respective designates who are not members of the acting on their behalf. The College shall meet not release information contained in an instructor’s personnel file to individuals without the writtenconsent of the instructor concerned. During the normal working hours and in the presence of the Director of Employee Relations or delegate, every instructor has the right of access to their file alone or accompanied by the President of the Association. Upon request, the instructor is entitled to a copy of any material in the file. The instructor shall be provided, at the time of fling, with a copy of each document that is to be placed in the teacher to explain what the misconduct or other basis for action is, who the witnesses are and other sources of information upon which the action would instructor’s personnel file. Each document shall be based, what recommendation(s) the Superintendent is considering, and what statutory procedures will be followed if charges are filed.
b. Within filed within a reasonable period of timetime after the occurrence of incident giving rise to the document. Each such document directed to the official personnel file which constitutes disciplinary action or might be the basis of disciplinary action shall be by the instructor as evidence that a copy has been received. The instructor’s signature does not indicate agreement with the contents of the document. Refusal on the part of the instructor to sign such documents shall not preclude placement in the personnel file. In the event of such refusal, the teacher may explain his/her perception College shall provide the with a copy of the facts with respect to document, and the allegations. S/he may explain or identify other sources of information, including witnesses that may provide information concerning the allegationsshall acknowledge receipt. The Superintendent appropriate Vice President or delegate shall then determine if further investigation inform the instructor-that such material is necessary or if formal written charges will to be filed without further investigationplaced in the personnel file and the instructor is entitled to respond, in writing, to documents placed in the personnel file at the time of filing. The Superintendent instructor’s written response shall notify within a reasonable period after the teacher of his decision.
c. Any documentation used to support document has been filed and shall also be placed in the subsequent filing of formal charges instructor’s file. An instructor who disputes any entry on their personnel file shall be shared with entitled to recourse through the teacher.
2grievance procedure and theeventual resolution shall become part of their personnel file. The following procedures shall be used in filing formal charges:
a. At least one week prior to Any such disputed document shall, upon the time that formal charges against a teacher will be considered by the Board, the teacher and the Association shall be notified in writing written request of the Superintendent’s recommendation. Notification shall include a draft of the formal charges.
b. The Superintendent shall submit the charges to the Board at the next regular meetinginstructor, unless there has been mutual agreement to extend the timelines.
c. Upon receipt of formal written charges, the Board shall act on the Superintendent’s recommendation. If the Board suspends the teacher without pay, insurance benefits shall continue to be provided.
d. If the teacher requests a Chapter 120 hearing and it cannot be concluded within the first 45 duty days, a mutually agreeable alternative may be established and followed. This alternative shall be considered on a case-by-case basis.
e. A final recommendation shall be submitted to the Board at its next regular meeting following receipt of a written notification waiving the teacher’s right to a hearing, removed from their file after the expiration of four months from the timeline to request date it issued provided there has not been a hearing without action, or receipt further infraction of the hearing officer’s recommended ordera similar nature. In the latter case, these time lines may be extended.
3. At least one week prior to the time that a recommendation will be submitted to the Board in regard to other employees, the employee shall be so notified.
4. If the charges are not sustained, the teacher shall be reinstated immediately, any unpaid back salary shall be paid, and s/he shall be deemed to have been an active employee during any period of suspension. If the recommendations is either to dismiss a teacher or to fix the terms under which a teacher may be returned to duty, such action shall require an affirmative vote of the majority of the Board.Transfers and
Appears in 1 contract
Sources: Collective Agreement
Dismissal. 1. Prior to filing formal charges, the teacher shall be informed that s/he is not required to make a written or oral statement if s/he chooses not to do so.
a. Upon completion of the investigation, if a basis for action appears to exist, the Superintendent shall meet with the teacher to explain what the misconduct or other basis for action is, who the witnesses are and other sources of information upon which the action would be based, what recommendation(s) the Superintendent is considering, and what statutory procedures will be followed if charges are filed.
b. Within a reasonable period of time, the teacher may explain his/her perception of the facts with respect to the allegations. S/he may explain or identify other sources of information, including witnesses witnesses, that may provide information concerning the allegations. The Superintendent shall then determine if further investigation is necessary necessary, or if formal written charges will be filed without further investigation. The Superintendent shall notify the teacher of his decision.
c. Any documentation used to support the subsequent filing of formal charges shall be shared with the teacher.
2. The following procedures shall be used in filing formal charges:
a. At least one week prior to the time that formal charges against a teacher will be considered by the Board, the teacher and the Association shall be notified in writing of the Superintendent’s recommendation. Notification shall include a draft of the formal charges.
b. The Superintendent shall submit the charges to the Board at the next regular meeting, unless there has been mutual agreement to extend the timelines.
c. Upon receipt of formal written charges, the Board shall act on the Superintendent’s recommendation. If the Board suspends the teacher without pay, insurance benefits shall continue to be provided.
d. If the teacher requests a Chapter 120 hearing and it cannot be concluded within the first 45 duty days, a mutually agreeable alternative may be established and followed. This alternative shall be considered on a case-by-case basis.
e. A final recommendation shall be submitted to the Board at its next regular meeting following receipt of a written notification waiving the teacher’s right to a hearing, the expiration of the timeline to request a hearing without action, or receipt of the hearing officer’s recommended order. In the latter case, these time lines may be extended.
3. At least one week prior to the time that a recommendation will be submitted to the Board in regard to other employees, the employee shall be so notified.
4. If the charges are not sustained, the teacher shall be reinstated immediately, any unpaid back salary shall be paid, and s/he shall be deemed to have been an active employee during any period of suspension. If the recommendations is either to dismiss a teacher or to fix the terms under which a teacher may be returned to duty, such action shall require an affirmative vote of the majority of the Board.
5. The following procedures shall be used prior to the filing of formal written charges against a teacher for incompetency:
a. The teacher shall be notified in writing of documented deficiencies which, if not corrected, could lead to dismissal. The notice shall identify a tentative time frame for improvement and include a statement that failure to correct such deficiencies may lead to dismissal. Such notice shall be preceded by a conference(s) to discuss the deficiencies and to review recommendations for improvement, and the available assistance to effect improvement.
b. At least one follow-up conference shall be provided to the teacher within three working weeks of the written notice. Following the conference(s), the teacher shall be provided, in writing, specific recommendations covering all major areas of deficiency, designed to assist him/her in improving performance.
c. A reasonable period of time not less than three teaching months from the notice required in Subsection a. above shall be provided for correction of deficiencies. The time period shall be specified in writing but may be extended by mutual consent.
d. At the end of the time period provided to correct deficiencies, a formal evaluation of the teacher’s performance shall be completed. The teacher shall be notified at least one week prior to the evaluation.
e. Following the formal evaluation, the Superintendent shall meet with the teacher to summarize the results of the evaluation, and explain what charges and recommendation he is considering, including the statutory procedures to be followed if charges are filed.
f. In extreme cases, the Superintendent may direct an immediate formal evaluation of an annual contract teacher provided, however, that he shall notify the teacher in writing of the reasons for his action, and provide the teacher reasonable opportunity to discuss the basis for the action, in accordance with this Article. Such action shall be taken only when there is direct evidence that the health, safety or welfare of the students is being immediately, radically, and adversely affected.
6. The following procedures shall be used prior to recommending dismissal for incompetency of other employees:
a. Incompetency shall be defined as continued failure to satisfactorily meet performance standards for the job.
b. The employee shall be notified in writing of documented deficiencies, which could lead to dismissal. The notice shall include specific recommendations for improvement, a tentative time frame for improvement and a statement that failure to correct the deficiencies may lead to dismissal.
c. Further explanation of the deficiencies and suggested corrections designed to assist him/her in improving performance, shall be provided to the employee in a conference(s), the first of which shall be held within three weeks of the written notice.
d. A reasonable period of time, not less than six weeks from the written statement required above, shall be provided for correcting deficiencies. This time period may be extended and shall be specified in writing.
e. At the end of the time period provided, a formal evaluation of the employee’s performance shall be made.
f. In extreme cases, an immediate formal evaluation of an employee’s performance may be made provided that the employee shall be notified in writing of the reasons for this action and be provided reasonable opportunity to discuss the basis for the action. Such action shall be taken only when there is direct evidence that an extreme emergency exists.
7. In lieu of the Superintendent recommending dismissal for incompetency, an employee may be offered options to include, but not be limited to: alternative job evaluation and job retraining, other employment within the District for which the employee is qualified, early retirement, and assistance in seeking other employment. If accepted by the employee, during a mutually agreed upon period of transition, the employee shall continue to receive full salary and benefits.
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Sources: Collective Bargaining Agreement