SUSPENSION OF PROFESSIONAL STAFF MEMBERS

 

The Board delegates to the superintendent the authority to suspend any staff member for any legal reason in accordance with district policy and law.  An employee will be immediately suspended in situations where the superintendent or designee determines that suspension is necessary to prevent disruption to the education environment, protect the safety of the students, appropriately investigate alleged misconduct, or in other circumstances where suspension serves the district's interests.

 

Employees without Contracts

 

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

 

Employees with Contracts

 

Employees with contracts may be suspended with pay in accordance with law.

 

Employees with contracts may be suspended without pay only after appropriate due process unless the employee consents in writing to a suspension without pay.  Prior to suspending a professional staff member without pay during the term of a contract, the district will notify the employee of the charges, give the employee an opportunity to discuss the charges and inform the employee of the opportunity to appeal the suspension to the Board of Education.  The employee must request an appeal within ten days of notice of suspension without pay.  If the employee appeals, the employee may also be suspended with pay pending the appeal.

 

In general, pay will not be withheld until the Board renders its decision, unless an appeal has been waived or the employee consents in writing to a suspension without pay.

 

Special Circumstances Requiring Suspension

 

Pursuant to state law, any employee who strip searches a student in violation of law will be immediately suspended without pay and may be terminated.  Prior to suspending a professional staff member with an employment contract, the district will notify the employee of the charges, give the employee an opportunity to discuss the charges and inform the employee 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.

 

If the district receives information that an employee has allegedly been involved in sexual misconduct with a student or any other child, the district may place the employee on administrative leave with pay pending an investigation.  In accordance with law, the district will suspend or continue a suspension of an employee if the Children's Division (CD) of the Department of Social Services finds that an allegation of sexual misconduct with a student is substantiated, but the district may return the employee to his or her position if the finding is reversed by a court on appeal and becomes final.  The district reserves the right to suspend or terminate an employee for any legal reason, including sexual misconduct, regardless of whether another agency or a court substantiates the claim.  A hearing will be provided to an employee upon request when required by law.

 

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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:         12/14/00

 

Revised:          12/14/06, 03/12/12, 09/12/15

 

Cross Refs:     AC, Prohibition against Discrimination, Harassment and Retaliation

ILA, Test Integrity and Security

JFCF, Hazing and Bullying

JFG, Interrogations, Interviews and Searches

JHG, Reporting and Investigating Child Abuse/Neglect

 

Legal Refs:     '' 162.068, 167.166, 168.071, .101 - .133, RSMo.

 

Advance R-IV School District, Advance, Missouri