GCPD-AR - Discipline and Dismissal of Licensed Staff
Adopted: 5/8/02; 7/13/22
The Board will use due process and comply with relevant portions of the collective bargaining agreement when disciplining and/or dismissing employees.
Staff members will be disciplined according to the severity and frequency of the conduct at issue. Discipline may be in the form of verbal reprimand, written reprimand or suspension depending on the circumstances of each case.
1. “Verbal reprimand”: The administrator will hold a conference with the employee. The administrator will outline the nature of the problem and listen to any comments from the employee. The administrator will indicate compliance with specified procedures or cessation of certain conduct is required and future consequences if directives are ignored.
2. “Written reprimand”: The administrator will hold a conference with the employee. The employee may have a representative present of their choice. The administrator will outline the nature of the problem and listen to any comments from the employee. The administrator will indicate compliance with specified procedures or cessation of certain conduct is required and future consequences if directives are ignored. A “letter of reprimand” shall be written and placed in the employee’s personnel file.
3. “Suspension”: Employees may be suspended in order to maintain the health and/or safety of other employees and/or students. Employees may also be suspended pending investigation of complaints regarding their job performance or conduct.
1. Probationary Teachers
a. Contracts of probationary teachers may be nonrenewed for any reason or reasons deemed in good faith sufficient by the Board. Written notice of intended nonrenewal and reason(s) for nonrenewal must be given to the teacher by March 15 or sooner if so specified in a collective bargaining agreement. Written notice must be given prior to Board action on the nonrenewal. The teacher may request a hearing before the Board.
b. Probationary teachers may be dismissed at any time for any reason or reasons deemed in good faith sufficient by the Board. Written notice of intended dismissal and reason(s) for dismissal must be given to the teacher prior to Board action on the dismissal. The teacher may request a hearing before the Board.
c. The following procedures apply to hearings before the Board:
(1) The employee shall receive notice of the time, date and place of the hearing;
(2) The hearing shall be in executive session unless the employee has requested an open session;
(3) The employee shall have an opportunity to be present and be represented by anyone of their choice;
(4) The district may be represented by anyone of its choice;
(5) Both parties shall have the opportunity to make opening statements, to call witnesses and to cross-examine the other party’s witnesses, to present documentary evidence and to make closing statements;
(6) The Board shall provide a written statement of the reasons for the final action taken (nonrenewal of contract or dismissal); and
(7) The Board may, at its option, designate an individual to preside over and conduct the actual hearing.
2. Contract Teachers
a. Contract teachers may be dismissed or their employment contract nonextended when their job performance or conduct falls within one or more of the broad reasons listed in Oregon Revised Statute (ORS) 342.865: inefficiency, immorality, insubordination, neglect of duty including duties specified by written rules, physical or mental incapacity, conviction of a felony or of a crime involving moral turpitude, inadequate performance, failure to comply with such reasonable requirements as the Board may prescribe to show normal improvement and evidence of professional training and growth, or any cause which constitutes grounds for the revocation of such contract teacher’s teaching license.
b. The superintendent and employee shall meet to discuss the superintendent’s proposed recommendation to the Board regarding dismissal or contract non-extension. The employee may be accompanied by anyone of their choice.
(1) The employee shall be notified if the superintendent intends to recommend dismissal or contract non-extension.
(2) The notice shall contain:
(a) The statutory grounds upon which the superintendent believes such dismissal or non-extension is justified;
(b) A plain and concise statement of the facts relied on to support the statutory grounds for dismissal or non-extension;
(c) A copy of ORS 342.805 to 342.934; and
(3) The day and time of the Board meeting during which the recommendation will be made.
(4) A notice of intended dismissal must be given at least 20 days prior to the time a dismissal recommendation is made to the Board. It must be delivered in person or must be sent by certified mail.
(5) Notice of intended dismissal must be sent to the Board and to the Fair Dismissal Appeals Board.
c. The employee may be present at the Board meeting and be accompanied by anyone of their choice.
d. The employee shall receive notice of the Board’s action and the reasons for such actions. Notice shall be sent by certified mail, return receipt requested, or in the manner provided by law for the service of a summons in a civil action.
3. Illness/Other Circumstances
Sickness or other unavoidable circumstances which prevent the teacher from teaching 20 school days immediately following exhaustion of sick leave accumulated under ORS 332.507 may be sufficient reason for the Board to place the teacher on leave without pay for the remainder of the regular school year. The district may terminate the teacher’s employment without penalty on August 1 if the Board determines that the teacher is unable to resume teaching responsibilities at the beginning of the next fall term and the teacher is not on workers’ compensation leave or federal or state family illness leave.
Whenever an employee is dismissed or where such employment is terminated by mutual agreement all wages earned and unpaid at the time of discharge or termination shall be payable no later than the end of the first business day after discharge or termination.