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DP316A – Orderly Termination Procedure—Administrators

Effective: 4/23/1991
Revision: 9/8/2009
Reviewed: 5/28/2013

  1. Board Directive
    The Board recognizes the need to provide orderly procedures for termination of Jordan School District administrators, and delegates to the District Administration responsibility for establishing such procedures in accordance with the Public Education Human Resource Management Act outlined in Utah Code §53G-11-512 through 517.
  2. Administrative Policy
    Procedures for nonrenewal and termination of an administrator's contract during the contract term shall be administered according to the following administrative policy provisions:

    1. Definitions
      1. Administrator: An administrator is a licensed employee, other than the Superintendent of Schools, who holds an administrative position requiring a valid certificate issued by the State Board of Education.  Administrators have expectations of continued employment and can only be terminated for cause, declining enrollment, or reduction in funding.
      2. Probationary Administrator: Any administrator employed by the District who has been advised by the District that his/her performance is inadequate and has been placed on probation.
    2. Causes for Contract Nonrenewal
      The District may determine not to renew the contract of an administrator for any of the following reasons:

      1. Immorality
      2. Insubordination which includes an act of serious insubordination, repeated acts of insubordination, or a pattern of insubordinate behavior
      3. Incompetence
      4. Mental or physical incapacity
      5. The need to reduce staff size due to a drop in student enrollment, program or service discontinuance, a shortage of anticipated revenue after the budget has been adopted, or school consolidation
      6. Conviction of a felony or misdemeanor involving moral turpitude
      7. Conduct which may be harmful to students or the District
      8. Improper or unlawful physical contact with students
      9. Violation of District policy
      10. Unprofessional conduct not characteristic of or befitting a Jordan District administrator
      11. Unsatisfactory compliance with terms of probation. (See Policy DP313 - Provisional or Probationary Personnel)
      12. Performance or attitude which is substantially below what is reasonably expected of other administrators having similar responsibilities and duties as determined by District Policy DP311A –Evaluation of Administrators
    3. Causes for Contract Termination
      1. The District may terminate the employment of any administrator during the term of the administrator's contract for any of the reasons listed above.
      2. The District may terminate the employment of any administrator during the term of the administrator's contract for any act, failure to act, or conduct which constitutes a breach of the administrator's employment contract.
    4. Procedures When Renewal of the Contract of an Administrator Is In Question
      When continued employment of an administrator is in question, the administrator 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 administrator shall be provided an opportunity to correct the deficiencies which are causing continued employment to be in question.  Assistance may be granted the administrator to correct the deficiencies including informal conferences and services of school and/or district personnel.
      3. The administrator is responsible for improving performance by demonstrating acceptable levels of improvement in the designated areas of deficiencies.
      4. Where acceptable levels of improvement in designated areas of deficiencies cannot be documented through an informal as well as formal evaluation process, the Superintendent of Schools may reassign the administrator to a position commensurate with his/her certification and endorsement(s).
    5. Procedures When the Contract of an Administrator Will Not Be Renewed
      1. When the contract of an administrator will not be renewed, the administrator shall be notified in writing at least two (2) months before the end of the contract term.
      2. The notice shall state the date of termination and set forth the reasons for contract nonrenewal.
      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) days.
        2. A recommendation shall be required from the hearing examiner within ten (10) days of the date of the hearing.
      4. The administrator shall be notified of the right to have the conference and hearings scheduled.  If the administrator elects not to attend, the dates will be cancelled.
      5. The administrator shall be informed of the right to be represented at the hearing(s) by a representative of his/her choice.
      6. The notice shall be delivered to the administrator personally or sent by certified mail to the administrator's last-known address.
      7. The employee must give notice of appeal in writing to the Administrator of Human Resources within ten (10) working days after receiving the recommendation of the Grievance Officer.  Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of the Grievance Officer.
    6. Procedures for Termination During Contract Term
      1. Notice
        1. When an administrator is to be terminated during a contract term, the District shall notify the administrator 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 records of the District, at least thirty days (30) 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 administrator that he or she has the right to a fair hearing and that the hearing process outlined below is waived if the hearing is not requested within fifteen (15) calendar days after the notice of termination was either personally delivered, or mailed to the individual’s most recent address shown on the District’s personnel records.
        5. The notice shall include a tentative date for an informal conference with the Administration, a tentative date for a hearing before an independent hearing officer and a tentative 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 examiner within ten (10) working days of the date of the hearing.
        6. The administrator shall be notified of the right to have the conference and hearings scheduled.  If the administrator elects not to request an informal conference and/or hearing, the tentative dates will be cancelled.
        7. The administrator shall be informed of the right to be represented at the hearing(s) by a representative of his/her choice.
        8. The employee must give notice of appeal in writing to the Administrator of Human Resources within ten (10) working days after receiving the recommendation of the Grievance Officer.  Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of the Grievance Officer.
      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 Administrator Service
        1. After notice of termination, the administrator, 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 administrator shall be suspended with pay pending termination.  No more than thirty (30) days of salary shall be provided to administrators who are on suspension.
          1. The District shall notify the administrator 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 administrator, 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 Examiner
        1. On or before July 1, the Superintendent and designated administrators shall mutually agree upon a pool of eight (8) impartial hearing examiners, four (4) shall be submitted by the Superintendent and four (4) by the administrators.
        2. The procedure for selecting a hearing examiner for a specific hearing shall be as follows:  The administrators and the Superintendent shall each choose two (2) names from the pool of hearing examiners.  If there is one (1) name chosen in common, that hearing examiner shall be first on the list.  The remaining names shall be drawn at random and placed on the list in the order drawn.  If there are no names chosen in common, all of names shall be drawn at random and placed on the list according to the order of the draw.  The hearing examiners shall then be called in the order they appear on the list until one is found that is available for the day of the hearing.
        3. The cost of services of the hearing examiner shall be equally shared by the District and the administrator or the organization representing the administrator.
      6. Conduct of the Hearing
        1. The administrator 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 a list of witnesses and documentary evidence at least two (2) days before the scheduled hearing.
        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 Examiner's Decision
        1. After hearing all of the evidence, the hearing examiner may render an oral decision immediately following the conclusion of the proceeding.  The hearing examiner, shall within ten (10) 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 examiner, together with the findings of fact, shall be sent by certified mail to the administrator's last known address.  A copy shall be mailed to the administrator's representative, if any.
      8. Request for Board Review
        1. The administrator shall have the right to request a Board review of the decision of the hearing examiner.
        2. A written request for a Board review must be received by the President of the Board of Education within ten (10) days of the date the hearing examiner's decision is postmarked.
        3. The Board review shall be upon the record made in the hearing before the hearing examiner, except that the Board may, at its discretion, hear additional testimony or argument.
      9. Board Review Not Requested or Decision Favors Administrator
        1. If a request for review is not received or if the decision of the hearing examiner is in favor of the administrator, the Board shall determine whether or not to adopt the decision of the hearing examiner.
        2. If the Board adopts the decision of the hearing examiner, the findings of fact prepared by the hearing examiner, if any, shall be deemed the findings of fact made by the Board.  The District shall notify the administrator of the Board's decision by certified mail.
        3. If the Board determines not to adopt the decision of the hearing examiner, the Board shall review the matter based upon the record made in the hearing before the hearing examiner, except that the Board, at its discretion, may hear additional testimony or argument.  The Administration will notify the administrator if the Board determines to hear additional testimony or argument.
      10. Board Decision
        1. Within ten (10) working days of receiving the hearing examiner'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 examiner.
        3. The administrator shall be notified of the decision of the Board and the findings of fact by certified mail addressed to the administrator's last known address.  A copy shall be sent to the administrator's representative, if any.
      11. Finality
        1. The decision of the Board in all cases is final.
        2. 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 examiner or Board or both.
      13. Restoration of Records and Benefits
        1. If the final decision is made in favor of the administrator, the charge(s) shall be expunged from the administrator'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 administrator, the administrator shall be reimbursed for salary and benefits lost during suspension, if any.