保单号码：
400.42
通过：
3.26.2024
董事会政策
- 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 §53G-11-512 至 517 中概述的犹他州法规.
- 董事会授权总监和地区管理局制定与此政策一致的行政法规。
行政法规：
400.42-1
批准：
3.26.2024
定义-400.42-1
定义：
- 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)
行政法规：
400.42-2
批准：
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:
- 不服从，包括严重的不服从行为，反复的不服从行为或不服从的行为模式。
- 无能。
- 精神或身体上无行为能力。
- 由于学生人数减少，计划或服务中断，预算通过后预期收入不足或学校合并，需要减少人员规模。
- Conviction of a felony; or a misdemeanor that involves moral turpitude.
- 可能对学生或学区有害的行为。
- 与学生的身体接触不当或非法。
- 违反地区政策。
- 不专业的行为不适合或不适合Canyons District教育家。
- 对缓刑条款的遵守情况不满意（见学区 政策—410.08—临时状态—许可).
- 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
- 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.
- Verbal Warning: Verbal warning(s) may be issued by the immediate supervisor.
- Memo of Concern: Memo of concern may be issued by the immediate supervisor.
- 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.
- The written reprimand is maintained in the administrator’s District personnel file.
- 如果不当行为继续发生，该警告不影响学区有权继续终止诉讼。
- 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.
- 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.
- Suspension: The District may, at its discretion, place the administrator on suspension.
- 学区应全权负责确定停薪是有薪还是无薪，以及停顿的持续时间。
- 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.
- 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.
- 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.
- 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.
行政法规：
400.42-3
批准：
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:
- for any nondiscriminatory reason, including those reasons listed for provisional status extension (See, Policy—400.34—Provisional Status of Administrative Personnel); or
- if an administrator does not complete the required year(s) of provisional service; or
- if an administrator does not meet the evaluation criteria outlined for each contract year of provisional status; or
- 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.
- 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.
行政法规：
400.42-4
批准：
3.26.2024
Procedures for Termination of an Administrator's Employment During the Contract Term - 400.42-4
- 注意
- 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.
- 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.
- 该通知应说明终止日期，并说明终止的原因。
- The notice shall advise the administrator that:
- 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;
- 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.
- 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
- 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.
- The informal conference will be scheduled within five (5) business days after receiving the request for an informal conference from the administrator.
- 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.
- 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.
- If termination is not subsequently ordered, the administrator shall receive back pay from the period of suspension without pay.
- Formal Hearings:
- If an administrator requests a formal hearing within five (5) business of the informal conference, an impartial hearing officer shall be appointed.
- 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.
- The written notice of intention to terminate employment will serve as written notice of final termination by the Board.
- 终止的原因是打算终止雇用的通知中包含的原因。
- The hearing officer shall hold a hearing within a reasonable time frame.
- 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.
- If either party intends to utilize legal counsel, they must notify the other party at least 14 calendar days in advance.
- 听证应以非正式方式进行，不需要严格遵守法院使用的证据规则。
- During the hearing, the administrator shall be given a fair opportunity to refute reasons given for termination.
- The hearing proceedings shall be recorded and preserved in a manner to assure completeness and accuracy. Stenographic recording shall not be required.
- 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.
- If an administrator requests a formal hearing within five (5) business of the informal conference, an impartial hearing officer shall be appointed.
- Formal Hearing Officer’s Decision
- 在听取所有证据后，听证官可以在诉讼结束后立即作出口头决定。听证官应在听证会后十 (10) 个工作日内作出书面决定，以事实调查结果为依据。
- 该决定可以建议董事会建议采取建议的措施，或者不采取建议的措施，或者采取比建议措施轻的其他措施。
- 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.
- 请求董事会审查听证官的决定
- The administrator or the District shall have the right to request a Board review of the decision of the hearing officer.
- 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.
- 委员会审查应根据听证官在听证会上作出的记录进行，但委员会可自行决定听取额外的证词或辩论。
- Board Review Not Requested or Decision Favors Administrator
- 如果没有收到复审请求，或者听证官的决定有利于管理人员，则董事会应确定是否采纳听证官的决定。
- 如果委员会通过听证官的决定，则由听证官准备的事实调查结果（如有）应视为委员会做出的事实调查结果。学区应通过挂号信将理事会的决定通知管理员。
- 如果委员会决定不采纳听证官的决定，则委员会应根据听证官在听证会上的记录审查该事项，但委员会可自行决定听取额外的证词或辩论。
- 董事会决定
- 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.
- The Board shall issue findings of fact that support the decision or may adopt the findings of fact prepared by the hearing officer.
- 应通过发给管理员最后已知地址的挂号信，将董事会的决定和事实调查结果通知管理员。副本应发送给管理员代表（如有）。
- 终结性
- 董事会在所有情况下的决定均为最终决定。
- 不允许进行预演。
- 上诉
- 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.
- 恢复利益记录
- If the final decision is made in favor of the administrator, the charge(s) shall be expunged from the administrator’s record.
- 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).
展品
没有
形式
没有
文件记录
已修改 – 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
已通过 – 2007年10月7日。
此在线演示文稿是Canyons学区当前采用的政策手册的电子表示形式。它不反映正在进行的更新活动。官方权威手册可在位于桑迪东300 600号桑迪（South East East）的9361 South 300的总监办公室中查阅。
