最後修訂：8 10 月, 2024

Policy No. 1509: Superintendent Dismissal, Relief of Duties, and Suspension

Download Policy No. 1509: Superintendent Dismissal, Relief of Duties, and Suspension

终止

经董事会三分之二成员表决通过，总监可在其任期内被解聘。

不得以非法理由采取不利行动

董事会终止、解雇或对总监采取任何其他不利雇佣行动的决定，不得以总监行使宪法保障的权利为依据，也不得以种族、肤色、宗教、性别、国籍、残障或年龄为非法依据。

列举原因

解聘总监的原因可能包括但不限于以下方面

在评估、补充备忘录或其他函件中指出的缺陷；
玩忽职守，或在上课时间办私事；
在履行规定或指派的职责时不称职或效率低下；
Insubordination or failure to comply with Board directives, policies, or administrative regulations;
醉酒或过度使用含酒精饮料；非法使用毒品、致幻剂或其他受管制物质，或在学校范围内、在学监职责范围内行事或参加任何学校或学区主办的活动时持有、使用酒精、含酒精饮料、毒品或受管制物质，或受到酒精、酒精饮料、毒品或受管制物质的影响；
被判犯有重罪或任何涉及道德败坏的罪行；
未达到学区的职业行为标准；
不受法律保护的、妨碍履行必要职责的残疾；
Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards of the community encompassed by the district;
Any activity, school-connected or otherwise, that, because of publicity given it or knowledge of it among students, faculty, or community, impairs or diminishes the Superintendent’s effectiveness in the district;
个人雇用合同中规定的反映特殊雇用条件的原因，或未能保持有效的监督证书；
未能与家长、社区、教职员工或董事会保持有效的工作关系或良好的关系；
攻击员工或学生；
Falsification of records or other documents related to the district’s activities;
在处理学区事务时向董事会或其他学区官员歪曲事实；
地区财产管理不善；
地区财政资源管理不善；或
未能充分保障学生的安全。

Leave with Pay or Relief of Duties

The Board may, by majority vote, for any cause enumerated place the Superintendent on leave with pay or for no cause, place the Superintendent on leave with pay or place him or her in another position with equivalent pay and employment-related benefits, and such action shall not constitute termination. However, if these actions are taken for cause, the Superintendent is entitled to the notice set out in the following section and may request a hearing to contest the action as provided in the hearing section below.

通知

在因故解聘总监或采取其他雇用行动之前，应向总监发出合理通知，说明拟采取的行动，并详细说明理由，使其能够公平地说明可能存在的任何错误。总监应被告知不利证人的姓名及其证词的性质。

听力

If, upon written notification, the Superintendent desires to be heard and contest the proposed action of the Board, the Superintendent shall make a written request for a hearing before the Board within 15 days of receiving the notification. The hearing shall be set on a date that affords the Superintendent reasonable time to prepare an adequate defense but not more than 30 days from the Board’s receipt of the written request, unless postponed by mutual consent. The Board may conduct the hearing in open session or in closed session if the meeting is properly closed under Policy 1402 Closed Board Meetings, unless the Superintendent requests a public hearing, in which case the hearing shall be open to the public. At the hearing before the Board, the Superintendent may employ counsel. The Superintendent also has the right to hear the evidence upon which the charges are based, to cross-examine all adverse witnesses, and to present evidence of innocence or extenuating circumstances. Prior to termination or adverse action for cause, the Board shall determine the existence of good cause for the termination or action. Such determination shall be based solely on the evidence presented in the hearing. Termination may only be by a vote of two-thirds of the Board. The Board shall notify the Superintendent of its decision within 15 days after the hearing. Suspension

At the discretion of the Board by majority vote, the Superintendent may be placed on leave with pay pending the outcome of the termination hearing. Notice to the State Board of Education and UPPAC

The President of the Board shall notify the Utah State Board of Education and the Utah Professional Practices Advisory Commission (UPPAC) whenever the Board becomes aware that the Superintendent has been determined, in any judicial or administrative proceeding, to have violated any of the Utah Educator Standards. The President of the Board shall also notify UPPAC within 30 days of the Board receiving an allegation from a parent that the Superintendent has violated any of the Utah Educator Standards. If possible, the notification shall be made using the form provided by the UPPAC Executive Secretary. The Board shall also notify UPPAC of any criminal charges filed by a prosecuting agency. For each matter about which notice is given, the Board shall also notify UPPAC of the related Board investigation or proceeding, any disciplinary action taken (or that no action was taken), the evidence supporting that decision, and any evidence that may be relevant if UPPAC chooses to investigate the matter. In submitting the notification to UPPAC, the Board may make a recommendation to the UPPAC Executive Secretary regarding whether UPPAC investigation would be appropriate under the circumstances, taking into consideration any employment action taken by the Board.

法律参考资料和简介

Utah Admin. Rules R277-217-5 (January 10, 2024)

董事會核准

2013 年 8 月 13 日

修订版

2024 年 9 月 27 日