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FILE:  GCPD
CRITICAL

 

SUSPENSION OF PROFESSIONAL STAFF MEMBERS

 


The Board delegates to the superintendent the authority to suspend any staff member for any legal reason in accordance with district policy and law. Action shall be taken when, in the judgment of the superintendent, the best interests of the school will be served by immediate suspension.


Employees without Contracts


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


Employees with Contracts


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


Employees with contracts may be suspended without pay only after appropriate due process. Prior to suspending a professional staff member without pay during the term of a contract, the district will notify the employee of the charges, give the employee an opportunity to discuss the charges and inform the employee of the opportunity to appeal the suspension to the Board of Education. The employee must request an appeal within ten days of notice of suspension without pay. If the employee appeals, the employee may also be suspended with pay pending the appeal. In general, pay will not be withheld until the Board renders its decision, unless an appeal has been waived.


Special Circumstances Requiring Suspension


Pursuant to state law, any employee who strip searches a student in violation of law will be immediately suspended without pay and may be terminated. Prior to suspending a professional staff member with an employment contract, the district will notify the employee of the charges, give the employee an opportunity to discuss the charges and inform the employee of the opportunity to appeal the suspension to the Board of Education. If the Board reverses the suspension, the employee will be reimbursed for any pay withheld. Depending on the length and nature of the suspension, the employee may receive additional due process as required by law.


If the district receives information that an employee has allegedly been involved in sexual misconduct with a student or any other child, the district 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. The district reserves the right to suspend or terminate an employee for any legal reason, including sexual misconduct, regardless of whether another agency or a court substantiates the claim. A hearing will be provided to an employee upon request when required by law.


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Note:  The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted:         11/18/1999

 

Revised:          03/17/2005; 02/17/2011; 03/20/2012

 

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

JFCF, Hazing and Bullying

JFG, Interrogations, Interviews and Searches

JHG, Reporting and Investigating Child Abuse/Neglect

 

Legal Refs:     §§ 162.068, 167.166, 168.071, .101 - .126, RSMo.


Logan-Rogersville R-VIII School District, Rogersville, Missouri

 

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For Office Use Only: GCPD-C.1K (01/12)

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