目录

政策400.41 –终止就业(ESP)

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保单号码:
400.41

通过: 
3.27.2018

董事会政策

  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. 董事会授权总监和地区管理局制定与此政策一致的行政法规。

行政法规:
400.41-1

批准: 
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.

定义:

  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.

行政法规:
400.41-2

批准: 
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. 不道德。 
      2. 不服从,包括严重的不服从行为,反复的不服从行为或不服从的行为模式。
      3. 无能。 
      4. 精神或身体上无行为能力。
      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—420.09—Reduction in Force (ESP).
      6. 对重罪或轻罪的定罪,涉及道德上的扭曲
      7. 可能对学生或学区有害的行为。
      8. 与学生的身体接触不当或非法。
      9. 屡次违反区政策。
      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. 学区自行决定合理和适当的任何理由(仅适用于临时雇员)。
      13. Performance, attitude, or other employment attribute which is substantially below the performance reasonably expected from other employees 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
    学区可以选择采取纪律处分措施,警告员工,在合同期限内,其行为可能会使员工面临解雇的危险。学区可以选择排除以下任何或所有步骤,并直接因故终止。此后,任何纪律处分均不得损害学区以引起该纪律处分的相同事实为由终止诉讼的权利。
    1. 口头谴责:口头谴责可以由直属上级签发。
    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. 此警告有效期为两年,可能保留在学校档案中或员工的地区人员档案中。
      2. 如果不当行为继续发生,该警告不影响学区有权继续终止诉讼。
    3. 试用期:学区可以选择,但不要求对员工进行不当行为的试用期,这可能是在合同年度内解雇的理由。
      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. 停职:学区可以酌情决定将雇员停职。
      1. 学区应全权负责确定停薪是有薪还是无薪,以及停顿的持续时间。
      2. 除其他原因外,在认为有必要或需要进行进一步调查时,学区可提出暂停令,以就雇员的雇用做出知情决定,或等待对雇员的刑事指控的结果。
      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. 合同终止的原因
    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.

行政法规:
400.41-3

批准: 
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. 必须说明为什么继续就业的原因。
      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. 该通知应说明终止日期,并说明不续签合同的原因。
    3. 该通知应包括与主管部门举行非正式会议的日期,在独立听证官面前举行听证会的日期以及在教育委员会之前举行听证会的日期。
      1. 听证会的安排应间隔十(10)个工作日。
      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. 员工必须在收到法律顾问或指定人员的建议后十(10)个工作日内以书面形式向人力资源总监发出上诉通知。不以书面形式提出此类上诉,即构成对法律顾问或指定人员的建议提出上诉的权利的放弃。
  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.

行政法规:
400.41-4

批准: 
3.27.2018

Procedures for Termination During Contract Term - 400.41-4

  1. 注意
    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. 该通知应说明终止日期,并说明终止的原因。
    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. 员工必须在收到法律顾问或指定人员的建议后十(10)个工作日内以书面形式向人力资源总监发出上诉通知。不以书面形式提出此类上诉,即构成对法律顾问或指定人员的建议提出上诉的权利的放弃。
  2. 悬而未决的听证会
    1. 如果学区的授权代表在为员工提供了召开非正式会议讨论指控的机会后,确定对员工的指控很可能是真实的且愿意的,则在听证会前停职可能是无偿的。导致终止。
    2. 如果随后未下令解雇,则雇员应从停职期间领取无薪补偿金。
  3. 听证会已取消或未请求
    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. 终止的原因是打算终止雇用的通知中包含的原因。
  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. 听证会的进行
    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. 如果需要,地区应提供地区雇员作为任何一方的见证人。
    3. 当事人应至少在预定的听证会前两(2)天交换证人和文件证据的清单。
    4. 听证应以非正式方式进行,不需要严格遵守法院使用的证据规则。
    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. 该决定可以建议董事会建议采取建议的措施,或者不采取建议的措施,或者采取比建议措施轻的其他措施。
    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. 董事会决定
    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. 上诉
    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. 董事会在所有情况下的决定均为最终决定。
  11. 恢复记录和利益
    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.

展品

没有

形式

没有

文件记录

已修改 – 3.27.2018.  Policy – 400.41 – Termination of Employment ESP was revised to align the definitions of Career Employee, Provisional Employee, and Temporary Employees consistent with state law and other District policies. 

已通过 – 2007年10月7日。

此在线演示文稿是Canyons学区当前采用的政策手册的电子表示形式。它不反映正在进行的更新活动。官方权威手册可在位于桑迪东300 600号桑迪(South East East)的9361 South 300的总监办公室中查阅。

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