Policy 7940

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CLASSIFIED PERSONNEL: SUSPENSION AND DISMISSAL   Policy Code:   7940

Classified positions are critical to the effective operation of the school district. The board encourages open communication between classified employees and their supervisors. When performance problems arise, supervisors are encouraged to clearly communicate in oral or written form the nature of the deficiencies and to provide a reasonable opportunity to improve. Any written notices or reprimands will be included in the employee’s central office personnel file. All employees are expected to meet job requirements and to seek clarification and guidance when needed to fulfill these requirements.

Contents

Suspension

The superintendent or his or her designee may suspend an employee with or without pay as a disciplinary sanction. The superintendent will provide written notice of the suspension to the employee. This notice will be placed in the personnel file. The suspension may begin immediately. An employee has ten calendar days from the date of receiving written notice of the superintendent’s decision to take the following actions: (1) request written notice of the reason(s) for the superintendent’s decision and (2) request an appeal before the board of education regarding the decision to suspend without pay. If notice of the reason(s) for the suspension is requested, such notice must be provided prior to any board hearing on the decision. If an appeal is not made within this time, an appeal is deemed to be waived. An employee may appeal a suspension on the basis that there was no rational basis for the suspension; the suspension was discriminatory or was used for harassment; or board policies were not followed.

Upon receiving a request for an appeal, the board will review the decision. The chairperson of the board may establish rules for an orderly and efficient hearing. The employee will be notified in writing of the decision of the board to uphold, reverse or modify the superintendent’s decision. An employee will receive back pay for any period of suspension without pay that is not upheld by the board.

Dismissal

Classified employees are at-will employees. All actions to dismiss a classified employee shall be conducted in accordance with law. The superintendent is authorized to dismiss classified employees and will notify the board of education promptly of any decision to dismiss a classified employee. A classified employee who is dismissed shall receive a written statement of the reason for the dismissal.

A classified employee who is demoted or dismissed by the superintendent may appeal the superintendent’s decision to the board of education within 30 calendar days after receiving notice from the superintendent.


Legal References: 29 U.S.C. § 621 et seq.; 29 U.S.C. § 794 et. seq.; 42 U.S.C. § 1981; 42 U.S.C. § 12101; G.S. 115C-45(c), -47

Cross References: Hearings Before the Board (policy 2500), Classified Personnel Reduction (policy 7921), Annual Independent Audit (policy 8310)

Adopted: May 19, 1997

Revised: July 9, 2007

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