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Category: Human Resources (DP 300 – DP399)

Published on
  • Effective: 12/13/1983
  • Revision: 7/1/2023
  • Reviewed: 5/28/2013
  1. Board Directive
    The Board of Education recognizes that opportunities exist for many District employees to be elected to public office, either in local or state government or other school district's boards of education.  Inasmuch as these employees do perform a public service, the Board authorizes the District Administration to develop policy to assist District employees to perform their elected duties.
  2.  Administrative Policy
    1. The Administration will endeavor to assist employees in their efforts to render public service, recognizing that employees need to provide adequate service to the District for compensation they receive.  The Administration will compensate these employees within the following administrative policy provisions:
      Employees who are eligible for vacation or personal leave will be required to use those times first to render service in their elected office.
    2. Employees elected to public office may be granted leave to fulfill the responsibilities of their office.
    3. Employees who receive financial remuneration for their service will reimburse the District 50% of the daily rate of a licensed employee on salary level one, or the entire amount received if less than 50% of the daily rate of a licensed employee on salary level one, for each of the days of work missed because of their public service.
    4. Employees are encouraged to perform their elected duties outside their regular employment hours as much as possible to minimize the time away from District responsibilities.

Published on
  • Effective: 9/13/1983
  • Revision: 8/17/2010
  • Reviewed: 1/26/2016
  1. Board Directive
    The Board recognizes the need for employees to protect themselves against long-term injury and illness. A long-term disability policy will be available to eligible employees. The Board will pay the premium as agreed upon for each contract period. Appropriate application must be made by the employee.  The Board delegates to the District Administration responsibility for implementing this policy.
  2. Administrative Policy
    The long-term disability policy will be implemented according to the following administrative policy provisions:

    1. Eligible employees unable to perform all essential functions of their job may apply for long-term disability benefits.
      1. A 180-calendar day elimination period must be satisfied. The elimination period is a period of time an employee is continuously disabled and unable to work. The elimination period includes weekends, holidays, and summer months whether or not it is part of the employee’s contract.
      2. Regardless of the number of sick leave days available, employees will either terminate or transition to long-term disability benefits at the end of the 180-calendar day elimination period.
      3. If during the elimination period an employee is released by his/her physician to return to work without restriction and the employee does not return for at least twenty (20) consecutive work days, the elimination period will remain unchanged.
      4. Employees not applying for long-term disability benefits will terminate at the end of the 180-calendar day period regardless of the sick leave days available.
      5. Employees may use their eligible paid leave or make application for sick bank days during the elimination period.
      6. If during the elimination period, all available paid and unpaid leave has been exhausted and the employee is not covered under FMLA, employment will be terminated and the elimination period will be satisfied without pay.
      7. The application process to the long-term disability carrier should be completed within the first 90 days of the elimination period or there may be a delay in payment eligibility.
    2. At such time as an employee reaches the 180-day elimination date and is unable to perform all essential job functions, with or without a reasonable accommodation, his/her employment with the District will be terminated.
      1. The District will continue to pay the District's portion of the premium costs for medical insurance benefits for up to two years or the duration of the disability, whichever is less.
      2. Members of the Tier I Utah Retirement System will continue to accrue retirement service and salary credits for the duration of the time that the employee is on long-term disability, as per the District's Utah State Retirement Benefit Contract.
      3. If the approval takes longer than the 180-calendar day elimination period, a COBRA offer for the continuation of medical insurance will be given, if applicable.
      4. If long-term disability benefits are eventually approved, the long-term disability carrier will pay all back wages at 66 2/3% from the 180th day, insurance benefits will be reinstated and COBRA premiums refunded.
    3. If an employee receives a release from his/her physician as fully able to perform all essential job functions, with or without accommodations, during the 180-day elimination period, the release must be submitted to the Human Resources Department for review. The employee will be notified if or when they are able to resume employment.
    4. When an employee terminated under this policy is released by his/her physician as fully able to perform all essential job functions with or without reasonable accommodation, the employee may reapply and be considered with all other applicants for positions for which he/she is qualified. If the former employee is rehired within two calendar years of the termination date, he/she will be treated as if returning from a leave of absence.

Published on
  • Effective: 9/28/1981
  • Revision: 7/12/2011
  • Reviewed: 6/10/2014
  1. Board Directive
    The Board recognizes the need for an orderly process when circumstances make it necessary to reduce staff.  In the event that it becomes necessary to reduce staff, responsibility is delegated to the District Administration for implementing the policy according to established policy provisions.
  2. Administrative Policy
    The Reduction in Force Policy for education support professionals shall be implemented according to the following administrative policy provisions:

    1. Reduction in Force
      1. In the event of declining student enrollment, the discontinuance or substantial reduction of a particular service or program, the shortage of anticipated revenue, school consolidation, or other unforeseen circumstances, it may become necessary to initiate a reduction in force (RIF).  If a RIF is necessary, seniority will not be used in employee RIF determinations; however, decisions may be within the discretion of the school district to consider the following:
        1. Program and staffing needs of the District
        2. Employee performance evaluation (Jordan Education Support Professionals Evaluation System)
      2. Under normal circumstances, staff members who are to be affected by a reduction in force shall receive at least thirty (30) days notice.
    2.  Rehire
      1. If an education support professional is terminated through a RIF, the employee will be given first consideration for available positions for which they apply and qualify within one (1) year of the date of the RIF.  However, there is no guarantee of continued employment.
      2. If an education support professional subject to a RIF is rehired within one calendar year from the date of the RIF, the employee will receive appropriate step increases, if any have been authorized, and accrued sick leave and other leave benefits will be reinstated at the level existing at the time of the RIF, excluding accrued vacation previously paid out.  If an employee accepts a position on a lower salary lane, benefits and salary will be adjusted to reflect the new lane placement.

Published on

Effective: 9/28/1981
Revision: 6/26/1990
Reviewed: 12/27/2012

  1. Board Directive
    The Board recognizes the need for a policy governing the protection of employees. Responsibility is delegated to the District Administration for implementing the policy according to established provisions.
  2. Administrative Policy
    The Protection of Employees policy will be implemented according to the following provisions:

    1. Employees shall report immediately in writing to their principal or immediate supervisor and to the Superintendent all cases of assault suffered in connection with their employment.
    2. If criminal or civil proceedings are brought against an employee alleging that he/she committed an assault in connection with his/her employment, such employee, after making reports, may request the Board to furnish legal counsel to defend him/her in such proceedings, insofar as the interests of the employee and the District are not conflicting. If the employee is found guilty or liable in such proceedings, such finding may constitute a cause for dismissal from the school system. Fines, damages, penalties, or forfeitures shall not be paid by the Board.
    3. Civil liability insurance coverage shall be provided for each employee to the extent now provided by the law under tort liability. Costs of this coverage shall not be deemed to provide payment for fines, penalties, or forfeitures arising out of criminal proceedings.
    4. Whenever an employee is absent from his/her assignment as a result of personal injury or for appearances before a judicial body of legal authority in connection with an assault case, he/she shall be eligible for sick days. There shall be no loss of wages or reduction in accumulated leave.
    5. Physical restraint may be used by an employee in an extraordinary case of breach of discipline to restrain, if necessary, a disruptive pupil to prevent injury to himself/herself or students, provided the force used is reasonable under the circumstances. The employee shall inform the principal or immediate supervisor at once of such action and shall make an accurate, written report within 24 hours.
    6. The District shall take appropriate action against the person (a student) committing the assault, according to the student discipline policy established by the District.

Published on
  • Effective: 7/21/1981
  • Revision: 9/8/2009

THIS POLICY ONLY APPLIES TO EMPLOYEES WHO HAVE RETIRED PRIOR TO THE 2006-07 CONTRACT YEAR

  1. Board Policy
    The Board shall provide District administrators an early retirement incentive, and directs the District Administration to administer the program as outlined below.
  2. Administration Policy
    The Administration shall administer the Early Retirement Incentive Program according to the following guidelines:
    Guidelines

    1. An administrator is eligible for this benefit if:
      1. The administrator has a minimum of ten (10) years full-time equivalent service with the District and, at the time of resignation, retires under the provisions of the Utah Retirement Systems. Years of service will be calculated on the full-time equivalents; i.e., 2 years of half-time service equal 1 year of full-time service.
      2. The administrator has signed a voluntary early retirement acknowledgment, agreement and waiver to the Age Discrimination in Employment Act (P.L. 101—433) prior to the retirement date of the employee.
    2. Each year the retiree will receive a percentage of the difference between Lane A, Step 1, of the teachers' C salary schedule and Lane G, Step 25 of the C salary schedule, plus 10 percent of the difference between the administrator's current salary and the amount on Lane G, Step 25, of the teachers' C salary schedule. The percentages shall be based on Jordan District full-time equivalent service as listed in the following table:
      Equivalent Full-time Years Percentage of the Difference
      10 years 28%
      15 years 38%
      20 years 48%
      25 years 53%
      30 years 58%
    3. This benefit will be paid for a maximum of four (4) years or until the end of the month in which the employee reaches the age for the unreduced Social Security benefit, whichever comes first. An employee retiring during the contract year will be paid monthly commencing the month following the actual retirement date. Employees retiring at the end of the contract year will receive a monthly entitlement commencing with the July 1 pay period.
    4. FROM the date of retirement until the end of the first fiscal year of the benefit, the retiree has two additional options:
      1. The retiree may receive the monthly benefit payments in a lump sum. A penalty of 3.25 percent shall be imposed to offset the District's loss in interest earnings.
      2. The retiree may authorize the District to use the monthly benefit payments to purchase additional service credit for the employee through the State Retirement System. (See Senate Bill 34, passed by the State Legislature in 1995.) A penalty of 3.25 percent shall be imposed to offset the District's loss in interest earnings.
        Note: The rate of the penalty shall be examined annually and adjusted as necessary to reflect significant changes in interest rates.
    5. If death should occur at any point between actual early retirement and the four-year entitlement, a lump sum death benefit payment still due the retiree will be paid to the designated beneficiary (ies). If a retired administrator dies, insurance coverage will continue for eligible dependents according to the schedule outlined in DP319 NEG—Retirement, Licensed.

Published on
  • Effective: 9/25/1979
  • Revision: 6/14/2022
  • Reviewed: 5/28/2013
  1. Board Directive
    The Board of Education recognizes the need for all 12-month employees to have a vacation from their regular assigned positions.  All personnel who are employed full-time on a 12-month basis are eligible to participate in the vacation program.  The Board delegates responsibility for administering the vacation policy to the District Administration.
  2. Administrative Policy
    The following administrative policy provisions shall be used for administering the vacation policy:

    1. All vacations will be determined from July 1 to June 30 of each contract year.  New employees will have vacation allowance prorated at the rate of .83 days per month and will be eligible to take such accrued vacation after the next June 1.  New employees must work ten (10) or more days in order to accrue any vacation allowance during the first month of employment.  No vacation time will be allowed before the vacation days have been earned.
    2. Vacation days may not be accumulated from one year to the next.  However, vacation days allowed for the following year may be used beginning June of the current year with approval of the immediate supervisor and department director. Unused vacation days allowed for the previous year may be used through December 31 of the current year with approval of the immediate supervisor and department director. After December 31, the vacation allowance may not exceed the days accrued for the current year.
    3. Vacations are to be scheduled at times that are best for the District and the employee.  Generally, vacations are to be scheduled during off-peak work seasons.  Any special considerations must be approved by the immediate supervisor.  Employees must present written vacation plans to the immediate supervisor for approval in advance.
    4. The length of vacation is figured on the number of years of continuous contract service in the District.  For purposes of computing movement on the vacation schedule, employees hired prior to January 1 will be credited with a full year's employment for the first contract year.  Those hired after January 1 will not receive vacation credit for the first year.  (Placement on the salary schedule has no relation to vacation allowance.)
    5. Vacation Schedule
      Continuous Contract Service as of July 1

      Vacation Days Accrued
      1 Month 1 Day
      2 Months 2 Days
      3 Months 3 Days
      4 Months 3 Days
      5 Months 4 Days
      6 Months 5 Days
      7 Months 6 Days
      8 Months 7 Days
      9 Months 8 Days
      10 Months 8 Days
      11 Months 9 Days
      1 to 3 Years 10 Days
      4 to 5 Years 11 Days
      6 to 7 Years 12 days
      8 to 9 Years 13 Days
      10 to 12 Years 15 days
      13 Years 16 days
      14 Years 17 days
      15 Years 18 days
      16 Years 19 Days
      17 Years and beyond 20 Days

Published on
  • Effective: 5/15/1979
  • Revision: 5/23/2017
  • Reviewed: 6/10/2014
  1. Board Directive
    The Board recognizes that there are times when employees could benefit from a year's leave of absence.  This leave could be used for any purpose which is substantially different from the employee's current job assignment or duties but may not be used to enable an employee to take similar employment with another district, company, organization, etc., within the State of Utah.  A leave of absence of up to one (1) year may be granted upon recommendation of the employee's supervisor and approval by the Human Resources Department.  The Administration is delegated to administer a policy for a one-year leave of absence for education support professionals.
  2. Administrative Policy
    The following administrative policy provisions shall be followed in implementing Board policy:

    1. Requests for a leave of absence must be submitted online through Employee Access at least thirty (30) days prior to the date of the anticipated leave.  All requested information must be provided on the online form.  The leave cannot extend beyond one (1) year from the day the leave was granted.
    2. Employees will not receive salary or fringe benefits while on leave of absence.  Health and accident insurance may be purchased through the District under the COBRA option.  The cost will be 102 percent of the established premium rate.
    3. The employee must verbally notify his/her principal or director prior to submitting the online leave request.  The principal or director will be notified by the Human Resources Department upon receipt of the completed leave request.
    4. The employee will be notified in writing of approval or denial of the leave request.  The employee will notify the District in writing 30 days prior to the date he/she intends to return.  The employee will be placed in the first available position for which he/she is qualified and licensed and shall be paid at the level appropriate to that position without loss of seniority and benefits.  An employee returning from a leave will be placed back into an equal position to which he/she was assigned prior to the leave as soon as a position becomes available.
    5. Transportation employees returning from a one-year leave of absence may be placed on the substitute driver list and then bid on the first available position for which he/she is qualified consistent with District policy DA168 NEG—Assignment of Bus Drivers and Bus Attendants.
    6. This leave shall not apply to provisional employees unless for recuperative purposes for illness or injury.
    7. This leave will not be granted in successive years except for illness or injury.
    8. This leave does not provide experience credit for salary placement.

Published on
  • Effective: 5/15/1979
  • Revision: 5/28/2024
  • Reviewed: 4/26/13
  1. Board Directive
    The Board recognizes that there are times when employees could benefit from a year's leave of absence.  This leave could be used for any purpose which is substantially different from the employee's current job assignment or duties but may not be used to enable an employee to take similar employment with another district, company, organization, etc., within the State of Utah.  A leave of absence of up to one (1) year may be granted upon recommendation of the employee's supervisor and approval by the Human Resources Department.
  2. Administrative Policy
    The following administrative policy provisions shall be followed in implementing Board directive:

    1. Requests for a leave of absence must be submitted through Skyward Employee Access using the Leave of Absence (1 Year) Licensed form at least thirty (30) days prior to the date of the anticipated leave.  All designated information must be provided.  The leave cannot extend beyond one (1) contract year.
    2. Employees will not receive salary or fringe benefits while on leave of absence.  Health and accident insurance may be purchased through the district under the COBRA option.  The cost will be 102 percent of the established premium rate.
    3. The employee and his/her immediate supervisor will be notified in writing of the approval or denial of the leave request. The employee will be invited to the Teacher Transfer Fair to seek an available position for which he/she is qualified and licensed.
    4. If the employee is unable to secure a teaching position through the Teacher Transfer Fair or during the transfer
      window, he/she will be placed in the first available position for which he/she is qualified and licensed.
    5. This leave shall not apply to provisional employees in their first and second years of employment, except in cases of illness or injury.
    6. This leave will not be granted in successive years.
    7. On a case-by-case basis, as determined by the Administrator of Human Resources, an employee may apply to substitute.
    8. This leave does not provide experience credit for salary placement or change from provisional status.

Published on
  • Effective: 11/28/1978
  • Revision: 4/26/2016
  • Reviewed: 4/26/2013
  1. Board Directive
    The Board recognizes the need to provide orderly procedures for termination of Jordan School District educators, and delegates to the District Administration responsibility for establishing such procedures in accordance with the Public Education Human Resource Management Act (PEHRMA) outlined in Utah Code §53G-11-512 through 517.
  2. Administrative Policy
    1. Definitions
      For purposes of this policy, the term “educator” refers to an employee who holds a certificate issued by the State Board of Education with the exception of the Superintendent of Schools and those licensed employees who are required to hold an administrative credential in order to function in the position for which they are employed.

      1. Career Educator:  A career educator is a licensed employee, other than the District superintendent, who holds a position requiring a valid certificate issued by the State board of Education and is not a provisional employee as defined in District policy DP313—Provisional or Probationary Licensed Personnel.  Career educators have expectations of continued employment and can only be terminated for cause, declining enrollment, or reduction in funding.
      2. Provisional Educator: An educator employed by the District who has not achieved status as a career educator and has no expectation of continued employment or issuance of a contract for a subsequent contract term as defined in District policy DP313—Provisional or Probationary Licensed Personnel.
      3. Probationary Educator:  Any educator employed by the District who has been advised by the District that his/her performance is inadequate and has been placed on probation.
      4. Temporary Employee:   An individual who is employed by the District on a temporary basis.  Temporary employees include but are not necessarily limited to the following:  substitute teachers, employees hired under contracts for one (1) year only or for less than one (1) year; employees whose positions are funded by grants and/or yearly allocated state or federal monies; employees whose positions are authorized for no more than twelve (12) months; and employees hired on or after January 1.
      5. Educator:  All licensed personnel as defined above.
      6. Unsatisfactory Performance: A total score on the JPAS Feedback Report in the “Not Effective or Minimally Effective” range.

    Procedures for nonrenewal of a contract of a provisional and a career educator and termination of an educator’s contract during the contract term shall be administered according to the following administrative policy provisions:

    1. Causes for Disciplinary Action or Contract Nonrenewal
      1. The District may determine not to renew the contract of an educator for any of the following reasons:
        1. Insubordination, which includes an act of serious insubordination, repeated acts of insubordination, or a pattern of insubordinate behavior.  Insubordination is any event under the employee’s control that disregards or fails to comply with a directive given by one having authority to give such directives.  Directives shall be specific and understandable.
        2. Unsatisfactory Performance.  If the School District intends to terminate a contract for cause for reasons of unsatisfactory performance as determined in PEHRMA, then the unsatisfactory performance must be documented in at least two formal or informal evaluations conducted at any time within the preceding three (3) years in accordance with District policy DP311—Evaluation of Licensed Personnel.
        3. Mental or physical incapacity.
        4. Inability to perform essential job functions despite all reasonable (including, but not limited to ADA requests) accommodations.
        5. Conviction, plea of guilty, no contest or other plea resulting in probation or suspended sentence for any felony or misdemeanor involving moral turpitude or crimes against children.  With respect to a plea in abeyance, the Jordan Board of Education in their sole discretion, may determine to disregard the plea in abeyance as a cause for termination.
        6. Conduct which may be harmful to students or the District. (See Administrative Rule R277-217 Educator Standards and LEA Reporting).
        7. Improper or unlawful physical contact with students. (See Administrative Rule R277-217 Educator Standards and LEA Reporting)
        8. Repeated violation of District policy. (See Administrative Rule R277-217 Educator Standards and LEA Reporting)
        9. Unprofessional conduct not characteristic of or befitting a Jordan School District educator. (See Administrative Rule R277-515-3 Educator Ethics)
        10. Unsatisfactory compliance with terms of probation or remediation (see District policy DP313—Provisional or Probationary Licensed Personnel)
        11. Any reason that the District in its sole discretion deems reasonable and appropriate provided it is in accordance with PEHRMA §Utah Code §53G-11-512 through 517
        12. .  Performance, underdeveloped or insufficient skills, lack of knowledge or aptitude, or other employment attribute which is substantially below the performance reasonably expected from other educators having similar responsibilities and duties.
        13. Misuse of contract time. (See Administrative Rule R277-217 Educator Standards and LEA Reporting)
        14. Misuse of computers or school equipment. (See Administrative Rule R277-217 Educator Standards and LEA Reporting)
        15. Misuse of school or District funds. (See Administrative Rule R277-217 Educator Standards and LEA Reporting)
        16. Failure to obtain licensing in a timely manner.
        17. Failure to obtain credentials or appropriate certification.
      2. The District may determine not to issue a contract to any educator whose status is "Provisional," as defined under G. below and policy DP313—Provisional or Probationary Licensed Personnel.
    1. Disciplinary Actions
      The District may elect to proceed with disciplinary action to warn the employee that his/her conduct places the employee in danger of termination during the contract term.  The District may elect to exclude any or all of the following steps and proceed directly with termination for cause.  No disciplinary action shall thereafter prejudice the right of the District to proceed with termination for cause on the same facts which gave rise to the disciplinary action.

      1. Oral Reprimand:  Oral reprimand may be issued by the immediate supervisor.
      2. Written Warning: Written warning is any memo of concern.
      3. Written Reprimand:  Written reprimand is issued by the immediate supervisor or District Administration which warns the employee that adverse employment action, which may include contract termination, may be taken.
        1. This warning is active for a two-year period and may remain in either the school file or in the employee's District personnel file.
        2. The warning does not prejudice the right of the District to proceed with termination for cause should the misconduct continue.
      4. Probation:  The District may elect, but is not required to place the employee on probation for misconduct which could be grounds of termination during the contract year.
        1. The District is solely responsible for determining the length and terms of probation except under the provisions of policy DP311—Evaluation of Licensed Personnel.
        2. Probation shall not prejudice the right of the District to proceed with termination for cause on the same facts which gave rise to the probation.
      5. Suspension:  The District may, at its discretion, place the employee on suspension.
        1. The District shall be solely responsible for determining whether the suspension is to be with or without pay and for determining the duration of the suspension.
        2. Suspension may, among other reasons, be invoked by the District when further investigation is deemed necessary or desirable in order to make an informed decision concerning the employment of an employee or for the purpose of awaiting the outcome of criminal charges pending against an employee.
        3. Suspension of a teacher shall not in any way prejudice the right of the District to proceed with other action, including termination for cause, at a later date.
        4. Furthermore, the fact that pending criminal charges against a teacher may be resolved in favor of the teacher shall not preclude the District from initiating termination for cause proceedings or other disciplinary action against the teacher based all or in part upon the same facts which gave rise to the criminal charges.
      6. Any employee subject to disciplinary action shall be given the opportunity to be represented in any meeting or conference to which they are invited or required to attend with respect to the disciplinary action.
    1. Causes for Contract Termination
      1. The District may terminate the employment of any educator during the term of the educator’s contract for any of the reasons listed under items B.1.a. through p. above.
      2. The District may terminate the employment of any educator during the term of the educator’s contract for any act, failure to act, or conduct which constitutes a breach of the educator’s employment contract.
      3. For career educators that exhibit both unsatisfactory performance AND conduct (items B.1.a. through p. above) the District may:
        1. Attempt to remediate the conduct of the career employee; or
        2. Terminate the career employee for cause if the conduct merits dismissal consistent with items B1a.through p. above and is not required to develop and implement a plan for improvement.  (PEHRMA Utah Code §53G-11-512 through 517.
    2. Procedures When Renewal of the Contract of a Career Educator Is In Question
      When continued employment of a career educator is in question, the career educator shall be informed in writing at least three (3) months before the end of the contract term.

      1. The reasons why continued employment is in question shall be specified.
      2. The career educator shall be provided an opportunity to correct the deficiencies which are causing continued employment to be in question.  Assistance may be granted the educator to correct the deficiencies including informal conferences, Plan for Improvement and services of school personnel.
    3. Procedures When the Contract of a Career Educator Will Not Be Renewed
      1. When the contract of a career educator will not be renewed, the career educator shall be notified in writing at least thirty (30) days prior to the proposed date of termination.
      2. The notice shall state the date of termination and set forth the reasons for contract non-renewal.
      3. The notice shall include a date for an informal conference with the administration, a date for a hearing before an independent hearing officer, and a date for a hearing before the Board of Education.
        1. The hearings shall be scheduled at intervals of ten (10) working days.
        2. A recommendation shall be required from the hearing officer within ten (10) working days of the date of the hearing or other timeline agreed to in writing by both parties.
      1. The career employee shall be notified of the right to have the conference and hearings scheduled.   If the educator elects not to attend, the dates will be cancelled.
      2. The career educator shall be informed of the right to be represented at the hearing(s) by a representative of his/her choice.
      3. The notice shall be delivered to the career educator personally or sent by certified mail to the educator’s most recent address as shown on the District personnel records.
      4. The employee must give notice of appeal in writing to the Administrator of Human Resources within ten (10) working days after receiving the termination notice.  Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of the District to terminate the employee’s contract.
    4. Procedures When Provisional Contract Will Not Be Issued
      Provisional educators, as defined under District policy DP313—Provisional or Probationary Licensed Personnel, are not entitled to employment beyond the end of the term of the present contract, and may not reasonably expect continued employment in succeeding years.

      1. The District is not required to provide a cause for not offering a contract to a provisional employee. When the District determines not to issue a contract of employment to a currently employed provisional educator, the educator shall be notified in writing at least sixty (60) days before the end of the provisional employee’s contract term. (PEHRMA §Utah Code §53G-11-512 through 517)
      2. When the District decides to terminate the employment of a provisional educator during the contract term, the employee is entitled to a fair hearing (see item H.).
    1. Procedures for Termination During Contract Term
      1. Notice
        1. When an educator is to be terminated during a contract term, the District shall notify the educator in writing of the intent to terminate.
        2. The notice shall be delivered to the individual personally or sent by certified mail to the individual's last-known address, as shown on the personnel records of the District, at least thirty (30) days prior to the proposed date of termination.
        3. The notice shall state the date of termination and set forth the reasons for termination.
        4. The notice shall advise the individual that he or she has a right to a fair hearing.  The hearing process outlined below is waived if a hearing is not requested by the employee in writing to the Administrator of Human Resources within fifteen (15) working days after the notice of termination was either personally delivered or mailed to the individual’s most recent address as shown on the District’s personnel records. The hearing process includes the right to an informal conference with the administration, the right to a hearing before an independent hearing officer, and the right to a hearing before the Board of Education.
          1. The hearings shall be scheduled at intervals of ten (10) working days whenever possible or other timeline agreed to by both parties in writing.
          2. A recommendation shall be required from the hearing examiner within ten (10) working days of the date of the hearing.
        5. The notice shall also inform the educator of the right to be represented at the hearing(s) by a representative of his/her choice.
      2. Suspension Pending a Hearing
        1. 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 and will result in termination.
        2. If termination is not subsequently ordered, the employee shall receive back pay from the period of suspension without pay.
      3. Continued Educator Service
        1. After notice of termination, the educator, at the option of the Superintendent, may remain on the job, be reassigned to another licensed position, or be subject to other reasonable personnel actions.
        2. If the Superintendent finds that continued employment may be harmful to students or the District, the educator shall be suspended with pay pending termination.  No more than thirty (30) days of salary shall be provided to employees who are on suspension.
          1. The District shall notify the educator of the suspension in writing.
          2. The District notice shall include findings of fact as to why harm may result to students or the District if active service is allowed to continue.
      4. Hearing Cancelled or Not Requested
        1. If a hearing is cancelled or not requested by the educator, the written notice of intention to terminate employment will serve as written notice of final termination by the Board.
        2. The cause(s) of termination are those contained in the notice of intention to terminate employment.
      5. Appointment of Hearing Officer
        1. Hearing officers shall be persons who will conduct hearings independent of pressure or influence from the District administration, District staff, the licensed employee who is the participant in the hearing, or any association or organization acting on behalf of or representing the employee.  No hearing officer may be a direct supervisor or subordinate of either the employee or a person recommending the employee’s termination for cause.
        2. District Hearing Officers:  Hearing officers may either be District hearing officers or an individual not employed with the District.
          1. District hearing officers include not fewer than five (5) employees of the District selected annually by the Administrator of Human Resources.  The employee who is the subject of the appeal may select any one individual from the pool of hearing officers to hear the appeal of the employee.
          2. Non-Employee Hearing Officers:  If a non-school employed hearing officer is utilized at the request of the employee, the costs associated with the hearing officer shall be shared equally by the District and the individual employee.  The District may require the posting of a bond or letter of credit or the deposit of sufficient cash by the employee to assure payment by the employee or the employee’s association or representative of the foregoing expenses.
          3. The employee agent and the District agree to use the American Arbitration Association (AAA).  This includes following the rules and procedures as outlined by the AAA.
      6. Conduct of the Hearing
        1. The educator may be represented by counsel and may call witnesses, hear accusing testimony, cross examine witnesses, and examine documentary evidence.
        2. The District shall make available District employees if needed as witnesses for either party.
        3. Parties shall exchange documentary evidence at least two (2) working days before the scheduled hearing or other timeline agreed to by both parties in writing.
        4. The hearing shall be conducted informally, and the rules of evidence used in courts of law need not be strictly observed.
        5. The hearing proceedings shall be recorded and preserved in a manner to assure completeness and accuracy; i.e., electronic tape recording.  Stenographic recording shall not be required.
      7. Hearing Officer’s Decision
        1. After hearing all of the evidence, the hearing officer may render an oral decision immediately following the conclusion of the proceeding.  The hearing officer shall, within ten (10) working days of the hearing, render a written decision supported by findings of fact.
        2. The decision may recommend to the Board that the proposed action be taken or that the proposed action not be taken or that other action less severe than the proposed action be taken.
        3. The decision of the hearing officer, together with the findings of fact, shall be sent by certified mail to the educator’s last known address.  A copy shall be mailed to the employee's representative, if any.
      8. Request for Board Review
        1. The educator shall have the right to request a Board review of the decision of the hearing officer.
        2. A written request for a Board review must be received by the president of the Board of Education within ten (10) working days of the date the hearing officer’s decision is postmarked.
        3. The Board review shall be upon the record made in the hearing before the hearing officer, except that the Board may, at its discretion, hear additional testimony or argument.
      9. Board Review Not Requested or Decision Favors Educator
        1. If a request for review is not received, or if the decision of the hearing officer is in favor of the educator, the Board shall determine whether or not to adopt the decision of the hearing officer.
        2. If the Board adopts the decision of the hearing officer, the findings of fact prepared by the hearing officer, if any, shall be deemed the findings of fact made by the Board.  The District shall notify the educator of the Board's decision by certified mail.
        3. If the Board determines not to adopt the decision of the hearing officer, the Board shall review the matter based upon the record made in the hearing before the hearing officer, except that the Board, at its discretion, may hear additional testimony or argument.  The administration will notify the educator if the Board determines to hear additional testimony or argument.
      10. Board Decision
        1. Within five (5) working days of receiving the hearing officer’s decision, the Board shall render a decision that the originally proposed action be taken, that the originally proposed action not be taken, or that other action less severe than the originally proposed action be taken.
        2. The Board shall issue findings of fact that support the decision or may adopt the findings of fact prepared by the hearing officer.  The educator shall be notified of the decision of the Board and the findings of fact by certified mail addressed to the educator’s last known address.  A copy shall be sent to the educator’s representative, if any.
      11. Finality
        The decision of the Board in all cases is final.  A rehearing shall not be allowed.
      12. Appeal
        Upon the timely filing of an appeal of the decision of the Board in an appropriate court of law, the Board shall cause to be prepared, certified, and transmitted to the court, the decision of the Board, the findings of fact of the Board, and the record of the hearing before the hearing officer or Board or both.
      13. Restoration of Records and Benefits
        1. If the final decision is made in favor of the educator, the charge(s) shall be expunged from the educator’s record except when substantive problems exist but the recommendation to terminate was dismissed or modified because of procedural errors.
        2. If the final decision is made in favor of the educator, the educator shall be reimbursed for salary and benefits lost during suspension, if any.

Published on

Effective: 6/28/1977
Revision: 9/25/2012

  1. Board Policy
    An employee who is temporarily unable to complete the essential functions of his/her job due an injury or disease compensable under Utah Code Annotated Title 34A, referring to workers' compensation and occupational diseases, should be allowed a reasonable medical leave without pay.  In addition, the injured employee may use previously accumulated sick pay in an amount which when aggregated with workers' compensation benefits does not exceed the regular rate of pay received prior to the injury.  The District is self-insured with an outside insurance company administering the District's industrial insurance plan.  The District Administration is responsible to develop guidelines for implementing this policy.
  2. Administration Policy
    The Administration shall administer this policy in accordance with the following guidelines:
    Guidelines

    1. Reporting injuries
      1. All on-the-job employee injuries shall be immediately reported to the supervisor.  The supervisor or designee shall contact the Third Party Administrator to report the claim and complete all necessary paperwork provided by the Human Resources Department.
      2. The Third Party Administrator of the industrial insurance plan shall forward the Employee's Statement Regarding Accident report form to the injured employee and supply copies to Insurance Services and Human Resources Departments.
    2. Compensation
      1. An employee who cannot work because of injuries suffered in an incident covered by workers' compensation will draw on accumulated paid sick leave in an amount which when aggregated with workers' compensation benefits does not exceed the regular rate of pay prior to the injury. Refer to policies DP324 NEG Sick Leave – Licensed and DP326 NEG Sick Leave – Education Support Professionals
      2. The first three days' absence will be charged against the injured employee's accumulated sick leave.  Thereafter, one-third day of accumulated sick leave will be charged for each day's absence and two-thirds day charged to industrial.
      3. If an injured employee is disabled for 14 calendar days or more, the industrial insurance will pay the employee two-thirds of a day's pay for each day off retroactive to the first day's absence.
      4. If an eligible employee has no leave days available, he/she may apply for sick bank days.
      5. An employee who is off work due to physical assault on the job, as defined by Utah  Code Ann.
        § 76-5-102,  shall have no loss of sick leave for up to 180 calendar days, including summer months.   Any payments received from industrial insurance shall be deducted from the employee's regular pay.
      6. Workers Compensation runs concurrent with Family Medical Leave Act (FMLA) and available paid leave, if applicable.
    3. Returning to work
      1. An employee returning to work after a workplace injury shall present to the Human Resources Department a physician's certificate stipulating that the employee is capable of returning to full duty and performing the essential functions of the job.
      2. An employee off work due to a workplace injury for longer than thirty (30) working days may be temporarily replaced by the Board.  When an employee is released by his/her physician as fully able to perform all essential job functions with or without reasonable accommodation, the employee will be returned to his/her original position.
      3. A Transitional Work Assignment may be available through the Human Resources Department, to employees who are recovering from a work-related injury who have been released to return to work and have temporary medical restrictions.  Eligibility for a Transitional Work Assignment is determined on a case-by-case basis, accounting for the employee’s position, the employee’s temporary work restrictions, and the ability of the school/department to accommodate the temporary work restrictions.  A Transitional Assignment is a temporary assignment and does not represent a permanent change of duties or responsibilities.  In the event that an employee declines a Transitional Work Assignment offer, the employee will remain on unpaid status until he/she obtains a full work release from the treating health care provider.