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DP316B – Orderly Termination Procedures—Education Support Professionals

  • Effective: 1/14/1992
  • Revision: 12/3/2012
  • Reviewed: 5/28/2013
  1. Board Directive
    The Board recognizes the need to provide orderly procedures for termination of Jordan School District education support professionals, 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 a career or provisional education support professional’s contract during the contract term shall be administered according to the following administrative policy provisions:

    1. Definitions
      For purposes of this policy, the term education support professional refers to an employee whose primary duties relate to the support of the educational function of the District.

      1. Career Employee:  An employee of the District who has obtained a reasonable expectation of continued employment based upon current code and has completed one year as a provisional employee.
      2. Provisional Employee: An employee of the District who has completed less than one full year of continuous employment and has not been designated as a temporary employee.
      3. Probationary Employee:  Any career employee who has been advised in writing by the District that his/her performance is inadequate and in need of improvement and has been placed on probation.
      4. Temporary Employee:  An education support professional who is employed by the District on a temporary basis.  Temporary employees serve “at will” and have no expectation of continued employment beyond their initial contract with the District.  Temporary employees do not have the right to due process as defined by Utah Code §53G-11-512 through 517.
      5. Temporary employees include, but are not necessarily limited to the following:
        1. Employees hired under contracts for one (1) year only or for less than (1) year.
        2. Employees whose positions are funded by state or federal grants that are allocated for one (1) year only or for less than one (1) year.
    2. When an employment action is to take place, the employee must be informed that a representative of his/her choice may attend the probation/termination conference at the employee's request.  The supervisor may also request that a representative from Human Resources attend the conference.
    3. CAUSES FOR CONTRACT NONRENEWAL
      1. The District may determine not to renew the contract of an education support professional 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.  (See DP349 NEG)
        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. Repeated violation of District policy.
        10. Unprofessional conduct not characteristic of or befitting a Jordan District employee.
        11. Unsatisfactory compliance with terms of probation (see DP314 - Provisional or Probationary Education Support Professionals).
        12. Any reason that the District in its sole discretion deems reasonable and appropriate (applies to provisional employees only).
        13. Performance, attitude, or other employment attribute which is substantially below the performance reasonably expected from other educators having similar responsibilities and duties as determined by District policy DP312—Evaluation of Education Support Professionals.
        14. Misuse of contract time to perform non-educational interests.
        15. Misuse of computers, based on District Policy DP371 Employee Information Network Acceptable Use Policy.
        16. Misuse of school equipment.
        17. Misuse of school or district funds.
      2. The District may determine not to issue a contract to any education support professional whose status is "Provisional," as defined under policy DP314—Provisional or Probationary Education Support Professionals.
      3. Prior to an employment action (probation/termination), the employee must be notified of the right to representation by the employee agent group or another agent of his/her choice.  A copy of the probation/termination report shall be placed in the employee’s file at the District Office.
    4. 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 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.
      3. 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 DP314 —Provisional and Probationary Classified 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.
      4. 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 an employee 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 an employee may be resolved in favor of the employee shall not preclude the District from initiating termination for cause proceedings or other disciplinary action against an employee based all or in part upon the same facts which gave rise to the criminal charges.
    5. CAUSES FOR CONTRACT TERMINATION
      1. The District may terminate the employment of any education support professional during the term of the employee's contract for any of the reasons listed above under section C., items a. through q.
      2. The District may terminate the employment of any education support professional during the term of the employee's contract for any act, failure to act, or conduct which constitutes a breach of the classified employee's employment contract.
    6. PROCEDURES WHEN RENEWAL OF THE CONTRACT OF A CAREER EDUCATION SUPPORT PROFESSIONAL IS IN QUESTION
      1. When continued employment of a career education support professional is in question, the career education support professional 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 education support professional shall be provided an opportunity to correct the deficiencies which are causing continued employment to be in question.  Assistance may be granted the education support professional to correct the deficiencies including informal conferences and services of school personnel.
    7. PROCEDURES WHEN THE CONTRACT OF A CAREER EDUCATION SUPPORT PROFESSIONAL WILL NOT BE RENEWED
      1. When the contract of a career education support professional will not be renewed, the career education support professional 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) working days.
        2. A recommendation shall be required from the hearing officer within ten (10) working days of the date of the hearing.
      4. The career education support professional shall be notified of the right to have the conference and hearings scheduled.   If the education support professional elects not to attend, the dates will be cancelled.
      5. The career education support professional shall be informed of the right to be represented at the hearing by a representative of his/her choice.
      6. The notice shall be delivered to the career education support professional personally or sent by certified mail to the education support professional'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.
    8. PROCEDURES WHEN PROVISIONAL CONTRACT WILL NOT BE RENEWED
      1. Provisional education support professionals, as defined under policy DP314, 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.
      2. When the District determines not to renew a contract of a provisional education support professional, the education support professional shall be notified in writing at least sixty (60) days prior to the end of his/her first 12 months of employment.
    9. PROCEDURES FOR TERMINATION DURING CONTRACT TERM
      1. Notice
        1. When an education support professional is to be terminated during a contract term, the District shall notify the education support professional in writing of the intent to terminate.  The employee will also be informed in writing that the timeline for the informal conference and/or a hearing procedures as referenced in this policy may be modified or extended.  If there is a compelling reason to modify the timeline for the informal conference and/or hearing procedures as references in this policy, either party may request the modification(s) from the other party in writing and both parties will be required to agree to the modification(s).  The District will issue a letter of understanding to both parties outlining the modified timeline.  In any case, no longer than thirty (30) days of pay may be offered beyond termination notification.
        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.  Pay will not continue beyond the thirty (30) days termination notification.
        3. The notice shall state the date of termination and set forth the reasons for termination.
        4. The notice shall advise the employee that he or she has a right to a fair hearing and that the hearing process outlined below is waived if a 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 as shown on the District’s personnel records.
        5. The hearing process includes the right to an informal conference, the right to a hearing before an independent hearing officer.  Only the decision of a hearing officer may be appealed to the Board of Education.
        6. The informal conference will be conducted within ten (10) working days after the receipt of the request for the conference.
        7. The education support professional may be accompanied by a representative of his/her choice.
        8. The education support professional may present verbal or documentary evidence.
        9. The grievance officer shall issue a written report setting forth his/her findings and recommendations within five (5) working days after the conclusion of the conference.
        10. If the informal conference has been held and no written report has been issued within the time limits set forth in item I.1.i. above, or if the education support professional or the District rejects the recommendation of the grievance officer, either party may exercise their right to proceed with a hearing before an independent hearing officer. All hearings shall be scheduled within ten (10) working days after the informal conference report has been received from the grievance officer whenever possible.
        11. The notice shall also inform the individual of the right to be represented at the hearing(s) by a representative of his/her choice.
        12. 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. Hearing Cancelled or Not Requested
        1. If a hearing is cancelled or not requested by the education support professional, 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.
      4. Appointment of Hearing Officer
        Hearing officers may either be District hearing officers or individuals not employed with the District.

        1. Hearing officers shall be persons who will conduct hearings independent of pressure or influence from the District administration, District staff, the education support professional 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 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.
        3. The employee agent group and the District agree to use the American Arbitration Association (AAA) for independent hearing officers. This includes following the rules and procedures as outlined by the AAA.
        4. When the services of a hearing officer are required, the cost shall be equally shared by the District and the individual.
        5. The individual or his/her designee and the Superintendent or designee shall each choose two names from the pool of hearing officers.  If there is one name chosen in common, that hearing officer 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 the names shall be drawn at random and placed on the list according to the order of the draw.  The hearing officer 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.
      5. Conduct of the Hearing
        1. The education support professional has the right to representation 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.
      6. Hearing Officer
        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 of Education 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 employee's last known address.  A copy shall be mailed to the employee's representative, if any.
      7. Request for Board Review of a Hearing Officer Decision
        1. The education support professional 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.
      8. Board Review Not Requested or Decision Favors Education Support Professional
        1. If a request for review is not received, or if the decision of the hearing officer is in favor of the education support professional, 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 education support professional 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 education support professional if the Board determines to hear additional testimony or argument.
      9. Board Decision
        1. Within ten (10) 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.
        3. The education support professional shall be notified of the decision of the Board and the findings of fact by certified mail addressed to the employee's last known address.  A copy shall be sent to the employee's representative, if any.
      10. Appeal
        1. 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.
        2. A rehearing shall not be allowed. The decision of the hearing panel cannot be appealed to the Board of Education.
        3. The decision of the Board in all cases is final.
      11. Restoration of Records and Benefits
        1. If the final decision is made in favor of the employee, the charge(s) shall be expunged from the employee'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 employee, the employee shall be reimbursed for salary and benefits lost during suspension.