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POLICY NUMBER:
400.41

ADOPTED: 
3.27.2018

RESCINDS: 
DP316B

ADOPTED:
7.10.2007

Board Policy

  1. The Board recognizes the need to provide orderly procedures for termination of Canyons School District Educational Support Professional (ESP) personnel in accordance with state law. (See, Utah Code 53G-11-512)  
  2. The Board authorizes the Superintendent and District Administration to develop administrative regulations consistent with this policy.

ADMINISTRATIVE REGULATION:
400.41-1

APPROVED: 
3.27.2018

Definitions - 400.41-1

  1. Procedures for nonrenewal and termination of a career or provisional Educational Support Professional (ESP) employee’s contract during the contract term shall be administered according to the accompanying regulations.

Definitions:

  1. For purposes of this administrative regulation, the term Educational Support Professional (ESP) refers to an employee whose primary duties relate to the support of the educational function of the District.
  2. Career Employee: An employee of the District who has obtained a reasonable expectation of continued employment based upon an agreement with the employee or the employee’s association, district practice, or policy.
  3. Provisional Employee: means an individual, other than a career employee or a temporary employee, who is employed by a school district.  (See, Policy—400.33—Provisional Status of ESP Employees).
  4. Temporary Employee:  means an individual who is employed on a temporary basis. Temporary employees serve at will and have no expectation of continued employment.

ADMINISTRATIVE REGULATION:
400.41-2

APPROVED: 
3.27.2018

Causes for Contract Nonrenewal; Disciplinary Actions; and Causes for Contract Termination - 400.41-2

  1. When an employment action is to take place, the employee must be informed that a representative of their 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.
  2. Causes for Contract Nonrenewal:
    1. The District may determine not to renew the contract of an Educational Support Professional (ESP) employee for any of the following reasons:
      1.  
      2. Insubordination, which includes an act of serious insubordination, repeated acts of insubordination, or a pattern of insubordinate behavior.
      3.  
      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 Policy—420.9—Reduction in Force (ESP).
      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 Canyons District employee.
      11. Unsatisfactory compliance with terms of probation see (Policy—400.33—Provisional Status (ESP).
      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—400.30—Evaluation of (ESP) Personnel.
    2. The District may determine not to issue a contract to any Educational Support Professional (ESP) employee whose status is “Provisional,” as defined under Policy—400.33—Provisional Status (ESP).
    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.
  3. 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—400.33—Provisional Status. 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.
  4. Causes for Contract Termination
    1. The District may terminate the employment of any Educational Support Professional (ESP) employee during the term of the employee’s contract for any of the reasons listed above under Administrative Regulation 400.41-2, items 2.1.1. through 2.1.13.
    2. The District may terminate the employment of any Educational Support Professional (ESP) employee during the term of the employee’s contract for any act, failure to act, or conduct which constitutes a breach of the Educational Support Professional (ESP) employee’s employment contract.

ADMINISTRATIVE REGULATION:
400.41-3

APPROVED: 
3.27.2018

Procedures for Contract in Question, Contract is Not Renewed; and Provisional Contract Will Not Be Renewed - 400.41-3

  1. Procedures When Renewal of the Contract of a Career Education Support Professional (ESP) Employee is in Question
    1. When continued employment of a career Educational Support Professional (ESP) employee is in question, the career Educational Support Professional (ESP) employee 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 Educational Support Professional (ESP) employee shall be provided an opportunity to correct the deficiencies which are causing continued employment to be in question. Assistance may be granted the Educational Support Professional (ESP) employee to correct the deficiencies including informal conferences and services of school personnel.
  2. Procedures When the Contract of a Career Educational Support Professional (ESP) Employee will not be Renewed
    1. When the contract of a career Educational Support Professional (ESP) employee will not be renewed, the career Educational Support Professional (ESP) employee 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 Educational Support Professional (ESP) employee shall be notified of the right to have the conference and hearings scheduled. If the Educational Support Professional (ESP) employee elects not to attend, the dates will be cancelled.
    5. The career Educational Support Professional (ESP) employee 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 Educational Support Professional (ESP) employee personally or sent by certified mail to the Educational Support Professional (ESP) employee’s last-known address.
    7. The employee must give notice of appeal in writing to the Director of Human Resources within ten (10) working days after receiving the recommendation of Legal Counsel or designee. Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of Legal Counsel or designee.
  3. Procedures When Provisional Contract will not be Renewed
    1. Provisional Educational Support Professional (ESP) employees, as defined under Policy—400.33—Provisional Status (ESP), 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 Educational Support Professional (ESP) employee, the Educational Support Professional (ESP) employee shall be notified in writing at least sixty (60) days prior to the end of their first 12 months of employment.

ADMINISTRATIVE REGULATION:
400.41-4

APPROVED: 
3.27.2018

Procedures for Termination During Contract Term - 400.41-4

  1. Notice
    1. When a Educational Support Professional (ESP) employee is to be terminated during a contract term, the District shall notify the Educational Support Professional (ESP) employee 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 Educational Support Professional (ESP) employee may be accompanied by a representative of his/her choice.
    8. The Educational Support Professional (ESP) employee may present verbal or documentary evidence.
    9. Legal Counsel or designee 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 5 above, or if the Educational Support Professional (ESP) employee or the District rejects the recommendation of Legal Counsel or designee, 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 Legal Counsel or designee whenever possible.
    11. The notice shall also inform the individual of the right to be represented at the hearing(s) by representative of his/her choice.
    12. The employee must give notice of appeal in writing to the Director of Human Resources within ten (10) working days after receiving the recommendation of Legal Counsel or designee. Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of Legal Counsel or designee.
  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 Educational Support Professional (ESP) employee, 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
    District Hearing Officers. 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 Educational Support Professional (ESP) 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 include not fewer than five (5) employees of the District selected annually by the Director 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 Educational Support Professional (ESP) employee 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 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 Educational Support Professional (ESP) employee 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 (ESP) Employee
    1. If a request for review is not received, or if the decision of the hearing officer is in favor of the Educational Support Professional (ESP) employee, 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 Educational Support Professional (ESP) employee 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.
      1. The administration will notify the Educational Support Professional (ESP) employee 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 Educational Support Professional (ESP) employee 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. (Note:  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, if any.

Exhibits

None

References

  • U.C.A. §53G-11-512

Forms

None

This online presentation is an electronic representation of the Canyons School District’s currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent located at 9361 South 300 East Sandy, UT 84070.

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