Policy 400.42 – Termination of Employment (Administrative Personnel)

POLICY NUMBER:
400.42

ADOPTED:
3.26.2024

Board Policy

The Board of Education recognizes the need to provide orderly procedures for termination of Canyons School District administrators, and delegates to the District Administration responsibility for establishing such procedures in accordance with the Utah Code outlined in §53G-11-512 to 517.
The Board authorizes the Superintendent and District Administration to develop administrative regulations consistent with this policy.

ADMINISTRATIVE REGULATION:
400.42-1

APPROVED:
3.26.2024

Definitions - 400.42-1

Definitions:

Administrator: An administrator is either a licensed administrator, other than the Superintendent, who holds an administrative position requiring a valid license issued by the State Board of Education or an administrator who is a non-licensed administrator, other than the Business Administrator, who holds an administrative position in the District whose primary duty is to direct and support the educational functions of the District (e.g., Nutrition Services, Human Resources, External Relations, Information Technology, Purchasing, Business and Financial Services, Transportation, Legal Services).
Career Administrator: An administrator of the District who has obtained career status in accordance with state law, or met the conditions of career status as outlined in Provisional Status—Administrative Personnel (Policy 400.34), district practice, and/or board policy. Career Administrators have expectations of continued employment and can only be terminated for cause, declining enrollment, or reduction in funding.
Provisional Administrator: means an administrator, other than a career administrator, whose status is provisional as outlined in state law (See, 53G-11-503) and Board policy. (See, Policy-400.34-Provisional Status of Administrative Personnel)
Temporary Administrator: An administrator employed by the District on a temporary basis. Temporary administrators serve at will and have no expectation of continued employment.
Probationary Administrator: An administrator employed by the District who has been placed on probation because their performance is substandard and unsatisfactory, and/or their conduct is unprofessional and unbecoming of a Canyons District administrator.(See, Policy 400.40-Probation)

ADMINISTRATIVE REGULATION:
400.42-2

APPROVED:
3.26.2024

Causes for Career Administrator Contract Termination; Disciplinary Action - 400.42-2

When a probation or termination conference is to take place, the administrator must be informed that a representative of their choice may attend the conference at the administrator’s request. The supervisor may also request that a representative from Human Resources or Legal Services attend the conference.
Causes for Career Administrator Contract Termination: The District may determine to terminate the contract of a career administrator for any of the following reasons:
1. Insubordination, which includes an act of serious insubordination, repeated acts of insubordination, or a pattern of insubordinate behavior.
2. Incompetence.
3. Mental or physical incapacity.
4. 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.
5. Conviction of a felony; or a misdemeanor that involves moral turpitude.
6. Conduct which may be harmful to students or the District.
7. Improper or unlawful physical contact with students.
8. Violation of District policy.
9. Unprofessional conduct not characteristic of or befitting a Canyons District educator.
10. Unsatisfactory compliance with terms of probation (see District Policy—410.08—Provisional Status—Licensed).
11. Performance, attitude, or other employment attribute which is substantially below the performance reasonably expected from other administrators having similar responsibilities and duties as determined by District policy or performance evaluation.
Disciplinary Action
1. The District may elect to proceed with disciplinary action and notify the administrator that their conduct places them in danger of termination. The District may elect to exclude any or all of the following steps and proceed directly with termination for cause. No disciplinary action shall later prejudice the right of the District to proceed with termination for cause on the same facts which gave rise to the disciplinary action.
  1. Verbal Warning: Verbal warning(s) may be issued by the immediate supervisor.
  2. Memo of Concern: Memo of concern may be issued by the immediate supervisor.
  3. Written Reprimand: Written reprimand is issued by the immediate supervisor or District Administration, with approval of the Supervisor’s Assistance Team (SAT), which warns the administrator that adverse employment action, which may include contract termination, may be taken.
    1. The written reprimand is maintained in the administrator’s District personnel file.
    2. The warning does not prejudice the right of the District to proceed with termination for cause should the misconduct continue.
  4. Probation: The District may elect, but is not required, to place a career administrator on probation for misconduct which could be grounds of termination during the contract year.
  5. The District is solely responsible for determining the length and terms of probation. Probation shall not prejudice the right of the District to proceed with termination for cause on the same facts that gave rise to the probation.
  6. Suspension: The District may, at its discretion, place the administrator on suspension.
    1. The District shall be solely responsible for determining whether the suspension is to be with or without pay and for determining the duration of the suspension.
    2. Suspension may, among other reasons, 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 administrator or for the purpose of awaiting the outcome of criminal charges pending against an administrator.
    3. Suspension of an administrator 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 administrator may be resolved in favor of the administrator shall not preclude the District from initiating termination for cause proceedings or other disciplinary action against an administrator based all or in part upon the same facts which gave rise to the criminal charges.

ADMINISTRATIVE REGULATION:
400.42-3

APPROVED:
3.26.2024

Procedures when the Contract of Provisional Administrator Will Not Be Issued (Nonrenewal or Nonrenewal and Reassignment) - 400.42-3

Procedures when the Contract of a Provisional Administrator Will Not Be Renewed (Nonrenewal or Nonrenewal and Reassignment) – 400.42-3

Provisional administrators, as defined under Policy—400.34—Provisional Status of Administrative Personnel, are not entitled to employment beyond the end of the term of the present contract.
A provisional administrator may be nonrenewed or receive a nonrenewal and reassignment:
1. for any nondiscriminatory reason, including those reasons listed for provisional status extension (See, Policy—400.34—Provisional Status of Administrative Personnel); or
2. if an administrator does not complete the required year(s) of provisional service; or
3. if an administrator does not meet the evaluation criteria outlined for each contract year of provisional status; or
4. If an administrator does not qualify for a provisional status exception (See, Policy—400.34—Provisional Status Administrative Personnel).
Prior to issuing a notice of nonrenewal, the direct supervisor should communicate and document areas of concern to provide an opportunity for a provisional administrator to remediate concerns. A supervisor may document areas of concern through means that include but are not limited to: verbal communication (followed by an e-mail); e-mail; memo of concern; or a written reprimand.
A direct supervisor recommends an administrator for nonrenewal or nonrenewal or reassignment to the Supervisor’s Assistance Team (SAT) for review and determination of the nonrenewal or nonrenewal and reassignment. SAT is a team of administrators who assist supervisors with problems associated with staff remediation and discipline.
1. The SAT team will be comprised of the Director of Human Resources or designee, appropriate administrative personnel based on the position subject to review (e.g., assistant principal, principal, district-based administrator). The Assistant Superintendent, the Business Administrator, and the Superintendent may be included in SAT meetings for the nonrenewal or nonrenewal and reassignment of Director-level administrators.
Should job performance and or conduct concerns arise in a substantially different position during a provisional period, the administrator will be non-renewed from their current position and may be reassigned by the District to an open position, similar to a position where career status was previously achieved within the District and at the rate of pay of the reassigned position, and may be returned to provisional status in the reassigned position (See, Policy 400.34—Provisional Status of Administrative Personnel).
A provisional administrator has no right to grieve or appeal the District’s determination when a nonrenewal or nonrenewal and reassignment are made by the District.
When the District determines to non-renew the contract of a provisional administrator, the provisional administrator shall be notified in writing at least sixty (60) calendar days prior to the end the provisional administrator’s contract term.

ADMINISTRATIVE REGULATION:
400.42-4

APPROVED:
3.26.2024

Procedures for Termination of an Administrator's Employment During the Contract Term - 400.42-4

Notice
1. When an administrator’s employment is to be terminated during a contract term, the District shall notify the administrator in writing of the intent to terminate.
2. The notice shall be delivered to the administrator personally or sent by certified mail to the individual’s last-known address, as shown on the records of the District, at least thirty days (30) prior to the proposed date of termination.
3. The notice shall state the date of termination and set forth the reasons for termination.
4. The notice shall advise the administrator that:
  1. the administrator has an opportunity to request an informal conference within five (5) business days after the notice of termination was either personally delivered, or mailed to the individual’s most recent address shown on the District’s personnel record or it is waived;
  2. the right to request a formal hearing and that right is waived if not requested within 15 days of the notice of termination; and failure to request a formal hearing in accordance with the procedures set forth constitutes a waiver of this right and the District may proceed with termination without further notice.
5. The administrator shall be informed of the right to be represented at the informal conference and formal hearing(s) by a representative of their choice.
Suspension Pending The Informal Conference
1. If it appears that the continued employment of an administrator may be harmful to students or the District, the administrator may be suspended pending the informal conference.
2. The informal conference will be scheduled within five (5) business days after receiving the request for an informal conference from the administrator.
3. The authorized representative of the District may render an oral decision following the conclusion of the informal conference or in writing within five (5) business days of the informal conference.
4. If the authorized representative of the District determines, that it is more likely than not that the allegations against the administrator are true and will result in termination, the suspension will be without pay.
5. If termination is not subsequently ordered, the administrator shall receive back pay from the period of suspension without pay.
Formal Hearings:
1. If an administrator requests a formal hearing within five (5) business of the informal conference, an impartial hearing officer shall be appointed.
  1. If after requesting a hearing, the administrator fails to respond within five (5) business days to communication from the hearing officer or cancels the hearing, the hearing shall be dismissed for failure to participate, and the administrator will have no further opportunity to appeal the administrator’s termination.
  2. The written notice of intention to terminate employment will serve as written notice of final termination by the Board.
  3. The cause(s) of termination are those contained in the notice of intention to terminate employment.
2. The hearing officer shall hold a hearing within a reasonable time frame.
  1. At the hearing, the administrator and the District each have the right to utilize legal counsel, to produce witnesses, to hear testimony, to cross examine witnesses, to examine documentary evidence, and present relevant evidence.
    1. If either party intends to utilize legal counsel, they must notify the other party at least 14 calendar days in advance.
  2. The hearing shall be conducted informally, and the rules of evidence used in courts of law need not be strictly observed.
  3. During the hearing, the administrator shall be given a fair opportunity to refute reasons given for termination.
  4. The hearing proceedings shall be recorded and preserved in a manner to assure completeness and accuracy. Stenographic recording shall not be required.
Formal Hearing Officer’s Decision
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) business days of the hearing, render a written decision supported by findings of fact.
2. The decision may recommend to the Board that the proposed action be taken or that the proposed action not be taken or that other action less severe than the proposed action be taken.
3. The decision of the hearing officer, together with the findings of fact, shall be sent by certified mail to the administrator’s last known address. A copy shall be mailed to the administrator’s representative, if any.
Request for Board Review of a Hearing Officer Decision
1. The administrator or the District 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) days of the date the hearing officer’s decision.
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.
Board Review Not Requested or Decision Favors Administrator
1. If a request for review is not received or if the decision of the hearing examiner is in favor of the administrator, 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 examiner, if any, shall be deemed the findings of fact made by the Board. The District shall notify the administrator 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.
Board Decision
1. At the next Board meeting, which meeting must be more than five days after receiving the hearing officer’s decision, otherwise the Board decision will be postponed to the next Board meeting, 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 administrator shall be notified of the decision of the Board and the findings of fact by certified mail addressed to the administrator’s last known address. A copy shall be sent to the administrator’s representative, if any.
Finality
1. The decision of the Board in all cases is final.
2. A rehearing shall not be allowed.
Appeal
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 officer and Board.
Restoration of Records of Benefits
1. If the final decision is made in favor of the administrator, the charge(s) shall be expunged from the administrator’s record.
2. If the final decision is made in favor of the administrator, the administrator shall be reimbursed for salary and benefits lost during the suspension, if any, and hearing(s).

Exhibits

None

References

Utah Code §53G-11-5, et seq., School District and Utah Schools for the Deaf and the Blind Employee Requirements

Forms

None

Document History

Revised – 3.26.2024. Policy-400.42-Termination of Employment (Administrative) was revised to include:

– New definitions for administrator, career administrator, provisional, temporary, and probationary administrator

– Progressive disciplinary action provisions (i.e., verbal warning, memo of concern, written reprimand, probation, and suspension)

– Procedures for Nonrenewal or Nonrenewal and Reassignment of ProvisionalAdministrators

– Clarification edits to the process for conducting an informal conference as referenced in statute

– Clarification edits for the Formal Hearing Process

– Minor clarification edits to the Board of Education Review of a Hearing Officer’s Decision

Adopted – 7.10.2007.

This online presentation is an electronic representation of the Canyons School District’s currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent located at 9361 South 300 East Sandy, UT 84070.

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400 - Personnel Policy

Table of Contents

Policy 400.42 – Termination of Employment (Administrative Personnel)

Board Policy

Definitions - 400.42-1

Causes for Career Administrator Contract Termination; Disciplinary Action - 400.42-2

Procedures when the Contract of Provisional Administrator Will Not Be Issued (Nonrenewal or Nonrenewal and Reassignment) - 400.42-3

Procedures for Termination of an Administrator's Employment During the Contract Term - 400.42-4

Exhibits

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