G7800.03 - Procedure for Dismissal/Non-renewal of Classified & Non-Licensed Administrative, Professional & Supervisory Employees

In this procedure the term school employee refers to any regular employee who is not required to hold a TSPC-license for his/her position.

a.  Preliminary Procedures:  Dismissal/Demotion

      1.  A dismissal is the termination of a school employee's employment with the district.  A demotion is the district involuntarily assigning a school employee to a position at a lower rate of pay.

      2.  A school employee recommended for dismissal or demotion by his/her supervisor shall be given the reason(s) for the recommendation.

      3.  Upon receipt of a supervisor's recommendation that a school employee be dismissed or demoted, the Director of Human Resources, or a designee, shall investigate to determine whether the supervisor has followed the appropriate procedures and whether substantial evidence supports the recommendation for dismissal or demotion.  The investigation shall include an opportunity for the school employee to have an informal hearing before the Director of Human Resources or his/her designee on the reason(s) for dismissal or demotion.  The school employee shall be given written notice of the informal hearing opportunity and of the right to have a representative at the hearing.

      4.  If the Director of Human Resources determines that dismissal or demotion of a school employee is appropriate, the director shall notify the employee of his/her dismissal or demotion decision and of the reasons for the decision.  The decision of the Director of Human Resources shall be final unless the employee submits an appeal to the superintendent as provided in this policy.  If the employee appeals to the superintendent, then the Human Resources Director shall suspend the employee without pay pending the superintendent's final decision.

      5.  Days shall be calendar days.

b.  Appeal Procedures to the Superintendent for Recommended Dismissal/Demotion of School Employees

      1.  A school employee may appeal his/her dismissal or demotion to the superintendent by giving written notice to the superintendent of the intent to appeal with a statement of the reasons for the appeal within five (5) days of the date of the notice of dismissal or demotion by the Director of Human Resources.

      2.  The superintendent or his/her designee shall determine if substantial evidence supports the dismissal or demotion.  The superintendent or his/her designee shall conduct an informal hearing to gather evidence at the request of the employee.  The informal hearing shall include the right to be represented and the right to cross-examine witnesses presented by the district.  The superintendent will notify the employee of his/her decision on the dismissal or demotion within five (5) days of receipt of the notice of appeal, or of the informal hearing.

      3.  The superintendent's decision on a dismissal or demotion shall have attached to it the Notice to Party of Rights and Procedures set forth in section c of this policy for the board hearing should the school employee elect to appeal to the school board the superintendent's decision as provided herein.  A written request to appeal the superintendent's decision must be filed with the superintendent within fifteen (15) days of the dismissal or demotion.

c.  Notice to Employee of Rights and Procedures for Board Hearing on Dismissal or Demotion of School Employees

      1.  A school employee who has been demoted or dismissed shall be entitled to a hearing before the school board if a written request has been made.

      2.  Hearing Procedure

           A.  Reasons and Issues.  The reasons stated in the superintendent's notice shall establish the basis and issues for a hearing conducted pursuant to these procedures.

           B.  Hearing.  The hearing shall occur before a presiding officer designated by the board.  The parties shall have the right of cross-examination.  The district and employee representatives shall each have two (2) hours to present evidence and arguments to the board.  If either party needs more time, then the hearing may be extended at the discretion of the presiding officer.  A tape recording or other verbatim transcript of the extended hearing will be made for the sole use of board members in reaching their decision.

           C.  Presiding Officer.  The presiding officer will be a board member or other person designated by the board.   At the hearing, the school employee will be given the opportunity to provide information that is relevant for the board to consider.

           D.  Presiding Officer's Report on Extended Hearing.  Unless the full board attends the extended hearing, the presiding officer will submit a report and recommendation to the board within fifteen (15) days after close of the extended hearing.

           E.  Procedures Applicable Generally

                1.  The board shall act promptly on the demotion or dismissal.  The board's decision shall be written and shall be furnished to the parties forthwith.

                2.  The superintendent or his designee shall cooperate with the school employee in the investigation of any matter involved and, further, will furnish the school employee and his/her representative with such necessary and readily available information as is requested for the processing of any hearing.

                3.  Except as otherwise provided by law, hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives

                4.  All documents, communications, and records generated by the hearing under this policy shall be filed in a separate file, which shall constitute a "personnel file" and shall not be open for inspection by other than the staff of the Human Resources Department in the absence of the specific approval of the superintendent or the school employee.

      3.  Review by Board

           A.  In General.  The board shall review the record made at the hearing before making its decision.  Unless otherwise directed by the board, the evidence considered by it will be confined to the record made at the hearing, and any presentation to the board on the date on which the board makes its decision on behalf of a school employee which will consist only of argument based on the record and presented by either the school employee or the school employee's representative, but not by both.

           B.  Finality.  The hearing provided under this policy shall constitute the hearing specified in ORS 332.544.  The board's decision shall be final and is not subject to arbitration except as provided by collective bargaining contract.

      4.  Notices.

Notices and copies to the school employee given under this policy are deemed given and effective when delivered to the school employee or upon mailing thereof by certified mail to the last address shown for the school employee on the district's personnel record.