| Status | Adopted |
| Original Adopted Date | 03/23/2000 |
| Last Revised Date | |
| Last Reviewed Date |
Last Revised Date: 04/24/2017 The Board delegates to the superintendent the authority to suspend staff members or put them on administrative leave for any legal reason in accordance with district policy and law. An employee will be immediately suspended or put on administrative leave in situations where the superintendent or designee determines that suspension is necessary to prevent disruption to the education environment, protect the safety of the students, appropriately investigate alleged misconduct, or in other circumstances where suspension serves the district's interests.
Definitions
Administrative Leave – Involuntary paid leave, without charge to any annual or sick leave, due to misconduct or investigation of misconduct of an employee.
Suspension – Any involuntary leave, whether paid or unpaid, that is not administrative leave as defined in this policy.
Administrative Leave
The superintendent or designee may place staff members on paid administrative leave. The superintendent's decision will stand approved unless reversed by the Board.
The following process will be followed when an employee is put on administrative leave:
1. Within seven days of placing an employee on administrative leave, the superintendent or designee will provide the employee with written notice of the general reason or reasons for being placed on administrative leave.
2. The superintendent or designee will inform the Board within 30 days after placing an employee on administrative leave of the reason or reasons for the employee's placement on leave. The superintendent or designee will provide an update on the status of the employee at every meeting thereafter.
3. If an employee is not removed from administrative leave within 30 days of being placed on leave, the district will hold a hearing within 60 days of the date the employee was first placed on leave. The hearing and determination may be continued for good cause but may not continue more than 180 days past the date the employee was placed on administrative leave. This hearing requirement does not apply to an employee who is put on paid administrative leave due to misconduct, or an investigation of misconduct, when the district refers such misconduct to a law enforcement agency or another state or federal agency or when the law enforcement agency or other state or federal agency has commenced its own investigation of the misconduct for which the employee was placed on administrative leave.
Suspensions
Employees without Contracts
The superintendent may suspend, with or without pay support 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, district policy and the employment contract when applicable.
Employees with contracts may be suspended without pay only after appropriate due process unless the employee consents in writing to a suspension without pay. Prior to suspending an employee without pay during the term of the 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 or the employee consents in writing to a suspension without pay.
Special Circumstances Requiring Suspension or Administrative Leave
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 placing an employee with an employment contract on unpaid suspension, 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.
If the district receives information that an employee has allegedly been involved in sexual misconduct with a student or any other child, the district may suspend the employee or place the employee on administrative leave 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, place on administrative leave 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.
Federal
29 U.S.C. §§ 621-634 Age Discrimination in Employment Act U.S. Const. amend. XIV U.S. Constitution
AC PROHIBITION AGAINST ILLEGAL DISCRIMINATION, HARASSMENT AND RETALIATION ACA: Sexual Harassment Under Title IX
ILA: Test Integrity and Security
JFG-AP(1)