EMPLOYEE CONDUCT, DISCIPLINE, AND ORDERLY TERMINATION 2225
1. DEFINITIONS
1.1 Career Employee
1.1.1 Any employee of the District who has obtained a reasonable expectation of continued employment. A certified employee who works for the District on at least a half-time basis becomes a career employee upon the successful completion of at least three full consecutive academic school years with the District as a provisional employee and receives the recommendation of status change from his/her immediate supervisor (District may extend the three-year provisional status of an employee up to an additional two consecutive years). If the provisional employee starts after the beginning of the school year, that school year does not count toward “career employee” status. Successful completion is determined by performance of all contractual duties within standards acceptable to the District.
For the purpose of this policy, a certified employee is a person that holds a Level 1, 2, or 3 license as defined in Section 53E-6-102. A person holding a competency-based license is not eligible for career status.
1.1.2 An employee who has obtained a reasonable expectation of continued employment under this policy and then accepts a position with the District which is substantially different from the position in which career status was obtained shall be placed on provisional status following the effective date of their new assignment. If the employee’s contract is not renewed in the new assignment, they may be given the opportunity to continue employment with the District in a position of which he/she meets all qualification requirements if such a position is available at the time of the provisional employees non-renewal notice. An employee with career status who is separated from employment with the District and later returns to work with the District shall upon return be a provisional employee.
Utah Code § 53G-11-501 (2018)
Utah Code § 53G-11-503 (2018)
1.2 Provisional Employee
1.2.1 Any employee who has not achieved career employee status is a "Provisional Employee." A provisional employee is an employee, who works for the District on at least a half-time basis, hired on an individual, one-year contract and who is not a temporary employee. Provisional employees have no expectation of continued employment beyond the current one-year contract term. Provisional employees are employed at the will of the District and their employment can be terminated at the discretion of the Board of Education except that employees can only be discharged during the term of each contract for cause.
1.2.2 The District may extend the provisional status of an employee up to an additional two consecutive years by written notification to the provisional employee no later than thirty days before the end of the contract term of that individual. Circumstances under which an employee’s provisional status may be extended include; (1) low scores on a performance evaluation; (2) receipt of complaint(s) or expression(s) of concern from a parent, co-worker, or member of the community that creates uncertainty about the employee’s professionalism, performance, or character; (3) declining student enrollment in the district or in a particular program or class; (4) the discontinuance or substantial reduction of a particular service, program, or funding; or (5) budgetary concerns.
1.3 Classified Employees
1.3.1 Classified employees are all non-certificated employees of the District. The terms and conditions of classified employees are set forth under District Policy 2156.
1.4 Temporary Employee
1.4.1 Temporary employees are all employees employed on a temporary basis or who work 19 or fewer hours per week. Temporary employees also include those seasonal employees who are employed for less than the full academic year. An appointment of a temporary employee may not be for a period of time greater than one year. All classified employees are considered temporary employees for the first 120 calendar days of their employment, this being an employment probationary period. Temporary employees are employed at the will of the District and have no expectation of continued employment and their employment may be terminated at any time without cause. Temporary employees are not career employees or provisional employees as defined by Utah Code Annotated § 53G-11-501 and the policies of this District.
1.4.2 The District will limit the use of temporary employment authority to a period of not more than one year. Temporary certified employees are those that are; 1. Hired into a position that is tied directly to temporary funding with a predetermined end date, such as a grant, 2. Hired in the absence of an employee who is on an extended leave of absence, sabbatical leave, military leave, or short-term disability, 3. Hired for a temporary project, or 4. Hired as part of a training position or program, such as a student intern.
1.5 Extra-Duty Contracts
1.5.1 An employee who is given extra duty assignments in addition to a primary assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary employee in those extra duty assignments and may not acquire career status beyond the primary assignment. There are no rights to a due process hearing if a person is released from coaching or an extra duty position. A person may be released from a coaching or extracurricular position at the discretion of their supervisor.
1.6 Employee
1.6.1 A person, other than the District superintendent or business administrator, who is a career or provisional employee of the District.
1.7 Contracted Service Providers
1.7.1 Contracted service providers are individuals regardless of employment status (full or part-time) who by nature of their profession are not required to hold a professional certificate issued by the Utah State Board of Education who are paid by contract to provide specific types of services for the District but who are not employees, are not on the District payroll and do not receive the same benefits enjoyed by regular employees of the District.
2. TERM
2.1 Contract term or term of employment
2.1.1 The contract term or term of employment is the period of time during which an employee is engaged to work for the District whether oral or written. The contract term or term of employment shall follow the number of workdays or annual hours approved by the Board of Education for each job type. The beginning date of each term shall be July 1 of the current calendar year. The ending date of each term shall be June 30 of the following calendar year. Employees in each job type shall work the workdays or annual hours for the term as agreed upon by the Board of Education and their immediate supervisor. If an employee is hired during the term, that employee shall at the most only be entitled to work the remaining approved workdays or annual hours of the current term for their job type.
3. DISCIPLINARY ACTIONS
3.1 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 or term of employment. The District may elect to exclude any or all of the following steps and proceed directly with termination for cause. No disciplinary action thereafter will prejudice the right of the District to proceed with termination for cause on the same facts, which gave rise to the disciplinary action.
3.1.1 Oral warning - Oral warning may be used by the immediate supervisor to assist the employee in correcting the conduct in question at the lowest possible level.
3.1.2 Oral reprimand - An oral reprimand may be issued by the immediate supervisor.
3.1.3 Written warning - A written warning may be issued by the immediate supervisor or District administration which gives the employee notice that his/her conduct is in question or that it is in violation of policy. This warning does not prejudice the right of the District to proceed with termination for cause should the misconduct continue.
3.1.4. Written reprimand - A written reprimand may be issued by the immediate supervisor or District administrator which warns the employee that his/her employment is in danger of being terminated. This warning does not prejudice the right of the District to proceed with termination for cause should the misconduct continue.
3.1.5. Probation - The District may elect, but is not required, to place the employee on probation for misconduct which could be grounds for termination during the contract term or term of employment. The District is solely responsible for determining the length of the probation. 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.
3.1.6 Administrative Leave - The District may, in its discretion, place the employee on administrative leave. After notice of termination has been given, administrative leave may be without pay once the employee has had the opportunity for an informal conference with a District representative and the representative has determined that the allegations against the employee are true and would warrant termination for cause under District policy. Administrative leave may 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. Administrative leave without pay may also be imposed as a penalty for employee misconduct in lieu of termination for cause, once the misconduct has been established. However, the placement of an employee on administrative leave shall not in any way prejudice the right of the District to proceed with other action, including termination for cause, at a later date based on additional instances of misconduct. Furthermore, the fact that criminal charges against an employee may be resolved in favor of the employee shall not preclude the District from initiating or continuing termination for cause proceedings or other disciplinary action against the employee based all or part upon the same facts which gave rise to the criminal charges.
3.1.7. Termination - Any employee subject to disciplinary action shall be given the opportunity to be represented in any meeting or conference to which they are invited or required to attend with respect to the disciplinary action. A career or tenured employee who has been dismissed or suspended from employment pending further investigation may appeal such action within the policies of the District.
3.2 Dismissal or termination
3.2.1 An employee shall be deemed to be discharged upon occurrence of any of the following events:
3.2.2 Termination of the status of employment of an employee.
3.2.3 Failure to renew the employment contract of a career employee.
3.2.4 Reduction in salary of an employee not generally applied to all employees of the same category employed by the District during the employee's contract term or term or employment.
3.2.5. Change of assignment of an employee with an accompanying reduction in pay unless the assignment change and salary reduction are agreed to in writing.
3.3 Unsatisfactory performance
3.3.1 a deficiency in performing work tasks which may be:
3.3.1.1 due to insufficient or undeveloped skills or a lack of knowledge or aptitude, poor attitude, or insufficient effort; and
3.3.1.2 remediated through training, study, mentoring, or practice.
3.3.2 does not include the following conduct that is designated as a cause for termination or a reason for license discipline:
3.3.2.2 a violation of work rules;
3.3.2.3 a violation of local school board policies, State Board of Education rules, or law;
3.3.2.4 a violation of standards of ethical, moral, or professional conduct; or
3.3.2.5 insubordination.
Utah Code § 53G-11-501 (2018)
4 CAUSES FOR DISCIPLINARY ACTION INCLUDING DISMISSAL OR NON-RENEWAL
4.1. An employee may receive disciplinary action including termination during a contract term, or term of employment for any of the following:
4.1.1. Immorality
4.1.2 Insubordination or failure to comply with directives from supervisors.
4.1.3 Incompetence
4.1.4 Conviction, including entering a plea of guilty or nolo contendere (no contest) or a plea in abeyance, of a felony or of a misdemeanor involving moral turpitude or immoral conduct.
4.1.5 Conduct, which may be harmful to students or to the District.
4.1.6 Improper or unlawful physical contact with students. A District administrator, including the Superintendent, who has received such a report or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by an educator shall immediately report that information to law enforcement, the State Board of Education, and to the Utah Professional Practices Advisory Commission. (See SSD Policy 4060)
4.1.7 Violation of District policy, State Board of Education rules, or law.
4.1.8 Unprofessional conduct not characteristic of or befitting a District employee including a violation of standards of ethical, moral, or professional conduct.
4.1.9 Manufacturing, possessing, using, dispensing, distributing, selling and/or engaging in any transaction or action to facilitate the use, dispersal or distribution of any illicit (as opposed to authorized) drugs or alcohol on District premises or as a party of any District activity.
4.1.10 Current addiction to or dependency on a narcotic or other controlled substance.
4.1.11 Dishonesty or falsification of any information supplied to the District; including data on application forms, employment records or other information given to the District.
4.1.12 Engagement in sexual harassment of a student or employee of the District.
4.1.13. Neglect of duty, including unexcused absence, excessive tardiness, excessive absences, and abuse of leave policies or failure to maintain certification.
4.1.14. Deficiencies pointed out as a part of any appraisal or evaluation.
4.1.15. Failure to fulfill duties or responsibilities or a violation of work rules.
4.1.16 Inability to maintain discipline in the classroom or at assigned school-related functions.
4.1.17 Drunkenness or excessive use of alcoholic beverages or controlled substances.
4.1.18 Disability not otherwise protected by law that impairs performance of required job duties.
4.1.19 Failure to maintain an effective working relationship, or to maintain good rapport with parents, co-workers, administrators, members of the Board of Education, the community or institutions of higher learning.
4.1.20 Failure to maintain requirements for licensure or certification.
4.1.21 Use of public property for personal gain.
4.1.22 Negligent or willful damage of District property.
4.1.23 The violation of the Utah Public Officers’ and Employees’ Ethics Act (Utah Code § 67-16-1 to 67-16-14), including but not limited to accepting, requiring, or receiving compensation or gifts as set out in that Act.
4.1.24 Unsatisfactory performance.
4.1.25 For any other reason justifying termination of employment for cause.
5. PROCEDURAL DUE PROCESS
5.1 CAREER EMPLOYEES
5.2 Notice to Career Employee Unsatisfactory Performance
If the District intends not to renew the contract of a career employee for reasons of unsatisfactory performance it shall:
5.2.1 Confirm that unsatisfactory performance has been documented in at least two evaluations at any time in the preceding three (3) years in accordance with District policies or practices and the educator evaluation requirements of Utah Code Ann. §53A-10-101 to -108.
5.2.2 Notify a career employee at least thirty (30) days prior to issuing a notice of intent not to renew the employee's contract that continued employment is in question and the reasons for anticipated non-renewal.
5.2.3 The Principal or designee shall provide and discuss with the career employee written documentation clearly identifying the deficiencies in performance;
5.2.4 The Principal or designee shall develop and implement a plan of assistance, in accordance with procedures and standards established by Policy 2190, to allow the career employee an opportunity to improve performance;
5.2.5 Provide to the career employee a sufficient time period to successfully complete the plan of assistance of at least 30 days but not more that 120 days in which to correct the deficiencies; except the 120 day limit may be extended when:
5.2.5.1 a career employee is on leave from work during the time period the plan of assistance is scheduled to be implemented; and the leave was approved and scheduled before the written notice intent not to renew was provided; or
5.2.5.2 the leave is specifically approved by the Board.
5.2.5.3 The time period to correct the deficiencies may continue into the next school year;
5.2.5.4 The time period to implement the plan of assistance and correct the deficiencies shall begin when the career employee receives the written notice provided under Subsection (1) and end when the determination is made that the career employee has successfully remediated the deficiency or notice of intent to not renew or terminate the career employee's contract is given in accordance with Subsection (8);
5.2.5.5 The Principal or designee shall reevaluate the career employee's performance;
5.2.5.6 If upon a reevaluation of the career employee's performance, the district determines the career employee's performance is satisfactory, and within a three-year period after the initial documentation of unsatisfactory performance for the same deficiency pursuant to Subsection (2), the career employee's performance is determined to be unsatisfactory, the district may elect to not renew or terminate the career employee's contract.
5.2.5.7 If the career employee's performance remains unsatisfactory after reevaluation, the Superintendent or designee shall give notice of intent to not renew or terminate the career employee's contract, which shall include written documentation of the career employee's deficiencies in performance.
5.2.5.8 Nothing in this Policy shall be construed to require compliance with or completion of evaluations prior to non-renewal of a career employee’s contract.
5.2.5.9 An employee whose performance is unsatisfactory may not be transferred to another school unless the Board specifically approves the transfer of the employee.
Utah Code § 53G-11-514 (2018)
Utah Code § 53G-11-517 (2018)
5.3 Notice of Intent not to Renew Contract of Career Employee
If the District intends not to renew the contract of employment of a career employee after giving notice that continued employment is in question, it shall:
5.3.1 Give notice that a contract of employment will not be offered for the following school year to the individual.
5.3.2 Issue notice at least 30 days before the end of the contract term of the individual.
5.3.3 Serve notice by personal delivery or certified mail to the employee’s most recent address shown on the district’s personnel records.
5.4 Notice of Intent to Terminate Employment During Term of Contract
If the District intends to terminate an employee's contract during the contract term, the District shall:
5.4.1 Give written notice of that intent to the employee.
5.4.2. Serve the notice by personal delivery or by certified mail to the employee’s most recent address shown on the District’s personnel records.
5.4.3 Serve the notice at least thirty (30) days prior to the proposed date of termination.
5.4.4 State the date of termination and detailed reasons for termination.
5.4.5 Give notice of the individual's right to appeal the decision to terminate employment and the right to an informal conference and to a hearing with the right to legal counsel, to present evidence, cross-examine witnesses and present arguments at the hearing.
5.4.6 Notify the employee that failure to request a hearing within fifteen (15) days after the notice of termination or notice of intent not to renew the contract was either personally delivered or mailed to the employee’s most recent address shown on the District’s personnel records shall constitute a waiver of the right to contest the decision to terminate.
Utah Code § 53G-11-513 (2018)
5.5 Notice of Intent Not to Offer a Contract to a Provisional Employee
If the District intends not to offer a contract of employment for the succeeding school year to a provisional employee, it shall give notice at least 60 days before the end of the provisional employee’s contract term that the employee will not be offered a contract for a following term of employment. Because provisional employees do not have an expectation of continued employment, they do not have a right to grieve the decision not to renew employment and do not have a right to a hearing.
Utah Code § 53G-11-513 (2018)
5.6 Notice of Intent to Terminate or Not Offer a Contract to a Temporary Employee
Temporary employees will be given notice of a minimum of 10 working days of the termination of their employment. Because temporary employees do not have an expectation of continued employment, they do not have a right to grieve the decision to terminate or not to extend employment and do not have a right to a hearing.
5.7 Expectation of Continued Employment in Absence of Notice
In the absence of a notice, a career or provisional employee is considered employed for the next contract term with a salary based upon the salary schedule applicable to the class of employees into which the individual falls.
This provision does not preclude the dismissal of a career or provisional employee during the contract term for cause.
Utah Code § 53G-11-513 (2018)
5.8 Right to an informal conference
A notice of intention not to renew the contract of a career employee or of an intention to terminate the contract a career or provisional employee during its term must advise the individual that he/she may request an informal conference before the Superintendent or the Superintendent’s designee. The request for an informal conference must be made in writing and delivered to the Superintendent’s office within ten (10) days of the date on the notice of intention not to renew or notice of termination during the contract term. The informal conference will be held as soon as is practicable. Suspension pending a hearing may be without pay if the Superintendent or a designee determines after the informal conference, or after the employee had an opportunity to have an informal conference, that it is likely that the reasons for cause will result in termination.
5.9 Employees right to a hearing
If after the informal conference the employee wishes a hearing on the matter, he/she must submit written notice to that effect to the Superintendent's office within five (5) days of the informal conference. If the employee wishes to not have an informal conference, but does wish to have a hearing, he/she must submit written notice to that effect within fifteen (15) days of the date on the notice of intent not to renew or notice of termination during the contract term. Upon timely receipt of the notice, the Superintendent will notify the Board and will determine whether the hearing will be before the Superintendent as hearing officer, before a panel of three administrators selected by the Superintendent, or before a non-District independent hearing officer. The Superintendent shall determine the date of the hearing, after giving the employee and hearing officer(s) the opportunity for input, and shall give notice of the hearing date, time, and location to the employee and hearing officer(s). If the employee does not request a hearing within fifteen (15) days, then the employee shall have waived any right to a hearing and to contest the decision.
5.10 Hearing officer or panel
5.10.1 If the Superintendent determines that the hearing shall be conducted by a district administrator-hearing panel, he or she shall appoint a board of three District administrators who have no substantial knowledge of the facts of the case. If the Superintendent determines that the hearing shall be conducted by a non-District independent hearing officer, he shall select that independent hearing officer from a list maintained by the District. If the Superintendent determines that the hearing will be before a non-District independent hearing officer, the District shall pay the fees charged by the officer.
5.10.2 If the employee demands a hearing before an independent, non-District hearing officer, the employee may select an officer from the list maintained by the District, and the charges and fees of the hearing officer shall be divided equally between the employee and the District. As a condition for scheduling the hearing before the independent hearing officer, the employee shall deposit with the District $2,000 towards the employee’s share of the hearing officer’s charges.
5.10.3 In so appointing a hearing examiner or hearing board, the Board of Education may delegate its authority to the hearing officer or hearing board to make findings and decisions relating to the employment of the employee that are binding upon both the employee and the Board of Education. In the absence of an express delegation, the Board retains the right to make its own decision based on the factual findings of the hearing officer.
Utah Code § 53G-11-515 (2018)
5.11 Rights of employee at a hearing
At the hearing, the employee, and administration each have right to counsel, to produce witnesses, to hear testimony, to cross-examine witnesses, and to present and examine documentary evidence.
5.12 Hearing decision
5.12.1 Within fifteen (15) days after the hearing, the person or entity that conducted the hearing, whether the hearing examiner or hearing panel, shall issue a decision with written findings and conclusions. These shall be provided to the employee by personal delivery or by certified mail to the most recent address shown on the District’s personnel records.
5.12.2 In the event the decision of the board or hearing officer is to not terminate the employment of the employee, then the employee shall be reinstated and back pay shall be paid if the employee was suspended without pay pending a hearing.
Utah Code § 53G-11-513 (2018)
5.13 Appeal to Board of Education
Within fifteen (15) days after the delivery or mailing of the hearing decision, either the employee or the District may appeal the decision to the Board of Education. (If neither side appeals within fifteen days, the right to an appeal is waived and the decision is final.) The appeal is made by giving written notice to the other party with a copy delivered to the Board of Education. Upon receipt of a notice of appeal, the Board shall review the written decision of the initial hearing. The Board may decide to affirm the decision without further hearing, may decide to affirm the factual findings and allow the parties to present arguments to the Board regarding the hearing’s conclusions, or may decide to allow the parties to present further evidence to the Board regarding factual findings and to present arguments regarding the appropriate conclusions thereon. If the Board allows further hearing, it shall render a written decision within fifteen (15) days of the hearing. After conducting its own hearing, the Board may adopt the prior hearing’s factual findings and/or conclusions in whole or in part, or may modify or reject those as the Board determines in accordance with its deliberations.
5.14 Suspension during investigation
The active service of an employee may be suspended by the Superintendent pending a hearing if it appears that the continued employment of the individual may be harmful or disruptive to students or to the District. The employee shall be provided written notice of the suspension, which may be included with written notice of termination of employment during the contract term or notice of non-renewal of contract.
Utah Code § 53G-11-513 (2018)
6. Necessary staff reduction not precluded
6.1 Nothing in this policy prevents staff reduction if necessary to reduce the number of employees because of the following:
6.1.1 Declining student enrollments in the District.
6.1.2 Discontinuance or substantial reduction of a particular service or program.
6.1.3 The shortage of anticipated revenue after the budget has been adopted.
6.1.4 School consolidation.
6.2 No verbal agreements
6.2.1 It is the policy of the District that all agreements with employees must be written; there are no verbal agreements because all agreements must be approved by the Board of Education. Only the Board of Education has authority to hire and fire unless such authority has been expressly delegated in writing.
6.3 Notification to Utah Professional Practices Advisory Commission
The Superintendent shall notify the Utah Professional Practices Advisory Commission if an educator is determined, pursuant to an administrative action, to have had disciplinary action taken for:
6.3.1.1 immoral behavior
6.3.1.2 unprofessional conduct, or professional incompetence which results in suspension for more than one week or termination, or which otherwise warrants Commission review.
Utah Admin. Rules R277-514-5(B) (October 9, 2012)
7. Notice Concerning Future Employment
When an employee’s employment is terminated under this section, the District will consider the facts and circumstances of the termination when considering any subsequent applications submitted by the employee for any position with the District. The employee’s prior termination may weigh against the employee being selected to fill the open position.
Please click on the link below for the Counseling Form.
Administrative_Counseling_Form.pdf
Approved 06/18/98
Revised 02/20/08
Revised 03/23/11
Revised 10/08/14
Revised 12/09/15
Revised 04/20/16
Revised 02/22/17
Revised 03/14/18
Revised 09/09/20
