Employees without Contracts
The superintendent may suspend (with or without pay) or terminate support staff members who are
not under contract. The superintendent shall report any such termination or suspension to the Board
of Education.
Support staff employees not employed under contract have no contractual right to continued
employment from one academic term or year to the next.
Employees with Contracts
Nonrenewal
Unless otherwise required by law, the district may nonrenew the contracts of support staff by
notifying the employee prior to entering into a new contract with the employee that his or her
contract will not be renewed. Support staff members will be informed of re-employment for the
following school year by June 30.
Suspension with Pay
Support staff members may be suspended by the superintendent with pay in accordance with law.
Suspensions with pay will stand approved unless reversed by the Board.
Suspension without Pay
Support staff members may be suspended without pay by the superintendent or designee during the
term of such contract for violation of the policies of the Board of Education, for violation of state
law, or for any other legal reason. Prior to suspending an employee, the district will notify the
employee of the charges and give the employee an opportunity to discuss the charges. The
superintendent's action will be affirmed or reversed by a vote of the Board of Education.
Termination
Support staff members employed under contract may be terminated during the term of such contract
for violation of Board policies, violation of state law, or for any other legal reason. Prior to the
termination, the district will notify the employee in writing of the charges and the action to be taken
and shall give the employee an opportunity to discuss or rebut the charges.
Unless an employee's contract allows for termination for any reason at the end of a notice period,
the employee may appeal the termination to the Board by filing a written notice of appeal with the
superintendent within ten days after receiving the notice of charges.
The employee will be suspended but will continue to be paid until the time for appeal has expired,
and if an appeal is taken, until the Board renders its decision unless the law requires the suspension
to be without pay. If no appeal is taken, or if the Board terminates the employee after a hearing, the
employee's pay will be docked retroactively for any period of suspension.
Termination Pursuant to Contract Terms
If an employee's contract allows for termination for any reason at the end of a notice period and such
notice is given, the employee's contract rights shall expire in accordance with the contract. Notice
of termination from the superintendent shall be deemed to be notice from the Board of Education
and shall be effective for such purpose when given, unless later reversed by the Board.
Special Circumstances
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. Appropriate due process in accordance
with law and this policy will be provided prior to suspending a staff member with an employment
contract.
If the district receives information that an employee has allegedly been involved in sexual
misconduct with a student or any other child, the district will suspend the employee 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.
Regardless, 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.
If a former district employee whose job involved contact with children was terminated, nonrenewed
or allowed to resign in lieu of termination as a result of an allegation of sexual misconduct with a
student, or as a result of such allegations being substantiated by the CD's child abuse and neglect
review board, the district is required by law to release information regarding the sexual misconduct
to a potential public school employer who contacts the district regarding the former employee. In
addition, if the CD substantiates a complaint of sexual misconduct with a student against a former
employee of the district, the law requires the district to release the results of the CD investigation
to any potential public school employer who contacts the district.
When employment ends as a result of an allegation of sexual misconduct with a student, the district
will provide appropriate due process prior to the release of information regarding the sexual
misconduct to a potential public school employer, if feasible. The superintendent or designee is
authorized to consult with the district's attorney to determine the appropriate level of due process
to provide.
For the purposes of this policy, employees are considered "former employees" if they have resigned,
been terminated, had their contracts nonrenewed, or been notified that their contracts with the
district will not be renewed or that the district is pursuing termination, even if the process has not
been completed.
* * * * * * *
In the event of a discrepancy between an administrative procedure and a Board policy, the Board
policy will take precedence.
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.
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Adopted: 09/10/1990
Revised: 01/10/1994; 02/13/2006; 06/12/2012
Cross Refs: AC, Prohibition against Discrimination, Harassment and Retaliation
FC, School Closings, Consolidations and Reorganizations
HPA, Employee Walkouts, Strikes and Other Disruptions
JFCF, Hazing and Bullying
JFG, Interrogations, Interviews and Searches
JHG, Reporting and Investigating Child Abuse/Neglect
Legal Refs: §§ 162.068, 167.166, RSMo.
U.S. Const. amend. XIV
Jefferson City School District, Jefferson City, Missouri
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