I. Non-Certified Employees
A. Type of Conduct
1. Violate State law
2. Violate Board Policy
3. Violate Collective Bargaining Agreement, if any
4. Violate Employee Handbook
B. Degree of harm
1. Danger to self/other/students
2. Criminal act
3. Damage/misuse of District property
C. Appropriate Discipline
1. Oral/written reprimand
2. Suspension
a. With/without pay
(1) Due process concerns
(2) Length of suspension
3. Discharge
D. Suspension/Discharge Preparation
1. Review any evaluations available
2. Determine if violate any of I.A.
3. Review Collective Bargaining Procedures, if any
4. Talk to any witnesses, gather evidence, receive statements
E. Suspension/Discharge Hearing
1. Provide Procedural due process
a. Notice to employee of charges and
rights to hearing
b. Inform of opportunity to present evidence, witnesses
c. Inform of right to counsel (union representative if Collective
Bargaining Agreement)
d. Allow cross-examination of witness
e. Provide access to record
f. Provide written findings of fact
** Collective Bargain Agreement Grievance Procedure may increase these
minimal requirements.
F. Board Deliberation
1. Consider evidence
2. Adopt written Resolution of Findings
II. Certificated Employees
A. Identify defect/misconduct
1. Evaluation seriousness
2. Violation of any of:
a. State law
b. Board Policy manual
c. Employee Handbook
d. Collective Bargain Agreement
3. Review prior evaluations
B. Determine Appropriate Action
1. Suspension
a. School Code not specifically
authorize
b. Illinois Supreme Court has concluded Board has authority to suspend
without pay for disciplinary reasons
c. 24-12 (Tenure) hearing not required, but procedural due process
required
d. Suspension with pay permitted (provide procedural due process)
e. Federal Constitutional Issues
(1) Suspension without pay results in
i. “black mark”
ii. “property interest”
iii. “liberty interest”
2. Suspension Pending Dismissal
a. Permitted under 24-12 of School Code
b. If charges not sustained, employee entitled to pay lost
c. Requires pre-termination hearing (procedural due process)
d. Follow Board Policy, Collective Bargain Agreement
3. Remediable v. Irremediable Conduct (Tenured Teacher)
a. Irremediable Conduct
(1) Irreparable damage to faculty,
school, and/or students
(2) Conduct could not be corrected even if warnings
(3) Pattern of behavior
b. Remediation procedures:
(1) Upon receipt of unsatisfactory
rating on evaluation, District must develop and commence remediation
plan within 30 days
(2) Remediation Plan includes:
1) Deficiencies
2) Acceptable Performance levels
3) Assistance to be provided
4) Indicators of success and monitors of Progress
(3) Consulting teacher, teacher rated unsatisfactory, and administrator
must participate in remediation plan.
Consulting teacher:
1) 5 years experience
2) Reasonable familiarity with teacher being evaluated
3) Been rated Excellent or Superior in most recent evaluation
4) If have exclusive bargaining agent, agent may supply roster of 5
teachers (or all qualified if less than 5) in which consulting teacher
is chosen from
5) Consulting teacher aid in developing plan, but final decision is
administrations'.
(4) Quarterly evaluation for one year on remediation
(5) If do not complete one year plan with satisfactory or better, begin
dismissal procedures under 24-12
III. Collective Bargaining Agreement may override or impact
Notice to Remedy:
(1) Upon determination that conduct not
remedied:
a) Board recess into executive session,
discuss deficiencies, hear administrative report, review Notice to
Remedy.
b) Return to open session and ask for “a Motion to Adopt a Resolution
Authorizing Notice to Remedy Regarding”
c) If adopted, provide Notice to Remedy, Exhibit Listing Defects and
Deficiencies, Copy of Board Resolution, and copy of Remediation plan to
teacher by certified mail and in person within 5 days of Board Meeting.
d) Recommend provide Board members copies of documents prior to meeting.
Teacher Dismissal
a. Irremediable conduct or remediation
plan not successfully completed
i. If remediation plan not completed
successfully, obligated to seek termination
b. Consider resignation, settlement
c. Teacher Dismissal Hearing under 24-12 of School Code